Budhadev Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9455 of 2022 Budhadev Bhoi ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

26.10.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The Petitioner is an accused in G.R. Case No.681 of 2022 pending in the file of learned J.M.F.C., Nimapara, arising out of Kakatpur P.S Case No.140 of 2022, for commission of the alleged offence under Sections 376/450/506 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Nimapara by order dated 12.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the Petitioner submits that since the Petitioner is in custody since 20.07.2022 and the charge sheet has been filed on 31.08.2022, further continuance of the Petitioner in custody is unwarranted.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS