Harinath Achari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9943 of 2022 Harinath Achari ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

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

ORDER

09.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in G.R. Case No.378 of 2022, pending before the learned J.M.F.C., Salipur, arising out of Salipur P.S. Case No.150 of 2022, for commission of alleged offences under Sections 498-A/406/306 of IPC read with Section 4 of D.P. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Salipur, by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 14.05.2022 and as charge-sheet has been filed on 07.09.2022, which is taken on record, further continuance of the petitioner in custody is unwarranted.

5.

It is submitted by the learned counsel for the petitioner that though FIR was filed inter alia under Section 302 of IPC after

investigation charge-sheet has been filed under Sections 498A/406/306 of IPC read with Section 4 of D.P. Act. 6.

Considering the nature of allegations and filing of the 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha