← Library
Orissa High CourtBLAPL/9509/2022allowed

Rajesh Majhi v. State Of Odisha

2022-10-17Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9509 of 2022 Rajesh Majhi ....

Petitioner Mr. S. Mohapatra, Advocate -versusState of Odisha & Another ....

Opposite Parties 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 C.T. Case No.255 of 2022, pending in the Court of learned J.M.F.C., M.Rampur in the District of Kalahandi, arising out of Narla P.S. Case No.100 of 2022, for commission of offences under Sections 363/376(2)(n)/294/506/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhawanipatna, by order dated 03.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. statement of the victim and the medical examination report.

6.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.06.2022 and charge-sheet has been filed on 26.08.2022, further continuance of the petitioner in custody is unwarranted.

7.

Considering the tenor of 164 Cr.P.C. statement, 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