Mangal Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9489 of 2022 Mangal Naik ....

Petitioner Dr. S. Ranjit, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

14.11.2022 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 connection with G.R. Case No.261 of 2022, pending in the file of the learned Nyayadhikari Grama Nyayalaya -cum- J.M.F.C., Sanakhemundi, Ganjam, arising out of Pattapur P.S. Case No.268 of 2022 dated 16.08.2022, for alleged commission of offences under Sections 376(2)(n)/506 of the IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Berhampur, by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 16.08.2022 and since charge-sheet

has been filed on 30.09.2022, further continuance of the petitioner in custody is unwarranted.

6.

Perused the 164 Cr.P.C statement of the victim and also that of one Kameswar Bastaray, who is the brother-in-law of the victim.

7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the 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 Ayesha