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Orissa High CourtBLAPL/9581/2022allowed

Akash Baka v. State Of Odisha

2022-10-19Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9581 of 2022 Akash Baka ....

Petitioner Mr. S.K. Rout, Advocate -versusState of Odisha ....

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

ORDER

19.10.2022 Order No.

01.

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.613 of 2022, pending in the file of learned S.D.J.M. Koraput, arising out of Padwa P.S. Case No.70 of 2022, offence under Sections 376(2)(n)/493/506 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, Koraput by order dated 14.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that he is in custody since 16.08.2022 and as charge sheet has been filed on 29.09.2022, further continuance of the petitioner in custody is not warranted,

6.

Perused the 164 Cr.P.C. statement of the victim produced by the learned counsel for the State.

7.

Considering the tenor thereof and taking into account the filing of 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 rules. (V. NARASINGH) Judge Santoshi