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Orissa High CourtBLAPL/10102/2022allowed

Minaj Khan @ Minaj Kadri v. State Of Odisha

2022-12-12Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10102 of 2022 Minaj Khan @ Minaj Kadri ....

Petitioner Mr. B.B. Routray, Advocate -versusState of Odisha ....

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

ORDER

12.12.2022 Order No.

02.

1.

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

2.

The Petitioner is an accused in G.R. Case No.215 of 2022 pending on the file of learned S.D.J.M., Pallahara, arising out of Pallahara P.S. Case No.131 of 2022, for commission of offence under Sections 376(2)(n)/506 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Talcher by order dated 14.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the charge sheet has been filed on 08.07.2022 citing the Petitioner as an absconder. 5.

In terms of the direction passed by this Court on 05.07.2022 in ABLAPL No.6380 of 2022, he surrendered and was remanded to custody on 14.09.2022.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

8.

Considering the tenor thereof, filing of the charge sheet and the conduct of the Petitioner, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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