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Orissa High CourtBLAPL/9889/2022allowed

Shibani Shankar Padhan v. State Of Odisha

2022-10-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9889 of 2022 Shibani Shankar Pradhan and another ....

Petitioners Mr. B.K. Ragada, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in C.T. Case No.2280 of 2022, pending in the file of learned S.D.J.M., Jharsuguda, arising out of Banharpali P.S. Case No.196 of 2022, offence under Sections 294/506/307/34 of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda 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 petitioners that the petitioners are in custody since 04.09.2022 and considering the nature of allegations, further continuance of the petitioners in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail during the currency of investigation.

7.

It is the case of the prosecution that accused No.1 Shibani Pradhan went to house of the informant and called him outside and tried to assault him by means of the knife and somehow informant managed to escape from his clutches and thereafter the accused persons (present petitioners) chased him but in vain. 8.

Considering the nature of allegations and substantial progress in the investigation and keeping in view their age, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 9.

Additionally it is directed that the petitioners shall appear before the jurisdictional police station once every week till submission of final form.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi