Niranjan Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9964 of 2022 Niranjan Pradhan ....

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

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.10.2022 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 connection with G.R. Case No.293 of 2022, pending in the Court of the learned J.M.F.C., Polasara, arising out of Polasara P.S. Case No.299 of 2022, for alleged commission of offences under Section 376(2)(n)/506 of IPC.

4.

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

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 28.07.2022 and as charge-sheet has

already been filed on 27.08.2022, further continuance of the petitioner in custody is unwarranted.

6.

Perused the order of rejection and the 164 Cr.P.C. statement of the victim which is taken on record. 7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial.

9.

It is further directed that the petitioner shall not in any way try to intimidate the victim/ her family.

10.

It shall be open to the victim/ her family to seek variance of the order in the event there is any violation of the stipulations as prescribed.

11.

Accordingly, the BLAPL stands disposed of.

12.

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