Anna Parida @ Harsa Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9508 of 2022 Anna Parida @ Harsa Parida ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

17.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.481 of 2019, pending in the file of learned N.G.N..-cumJ.M.F.C., Tangi, arising out of Tangi P.S. Case No.365 of 2019, for commission of offences under Sections 498-A/304-B/306/34 of IPC read with Section 4 of D.P. Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Khurda, 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 though the F.I.R. was registered under Section 302 of IPC and other allied Sections after investigation charge-sheet has been filed under Section 306 of IPC on 30.04.2020, hence it is submitted that the

petitioner was surrendered on 14.09.2022, his further continuance is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that there are materials on record which show the complicity of the petitioner under Section 304-B & 306 of IPC and he relies on the statement of one Budhia Dalei on his account.

7.

Considering the filing of charge-sheet inter alia under Section 306 of IPC, 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 Ayesha