Krushna Kumar Behera @ Kalia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10250 of 2022 Krushna Kumar Behera @ Kalia ....

Petitioner Mr. B.K. Swain, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC Mr. T.K. Acharya, Adv. (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

08.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 2.

The Petitioner is an accused in G.R. Case No.1137 of 2022 pending on the file of learned J.M.F.C., Khalikote, arising out of Rambha P.S. Case No.402 of 2022, for commission of offence under Sections 376/506 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Khallikote by order dated 05.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 18.08.2022 and as charge sheet has been filed on 30.09.2022, his further continuance in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail. 6.

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

7.

Taking into account the nature of allegation 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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