Gobinda Ch Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9877 of 2022 Gobinda Ch. Nayak ....

Petitioner Mr. D. Mitra, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.10.2022 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.1260 of 2022, pending in the file of learned J.M.F.C. City, Cuttack, arising out of Chauliaganj P.S. Case No.310 of 2022, offence under Sections 498-A/323/294/307/494/34 of IPC and is in custody since 23.09.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the incident happened out of altercation and the injured being his wife; further continuance of the petitioner in custody would affect their matrimony.

6.

Considering the submissions made and taking into account the period of custody, 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.

7.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till the submission of final form. Date and time of such appearance shall 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 the rules.

(V. NARASINGH) Judge Santoshi