Dhanapati Khemundu @ Rajesh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10530 of 2022 Dhanapati Khemundu @ Rajesh ....

Petitioner Mr. M. Padhy, Advocate -versusState of Orissa ....

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

ORDER

21.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with C.T. Case No.103 of 2022, pending in the file of learned Additional Sessions Judge -cum- Special Judge, Koraput, arising out of Kakiriguma P.S. Case No.38 of 2022, for alleged commission of offences under Sections 376/379 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Koraput, by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 26.04.2022 and since charge-sheet has been filed on 31.05.2022, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

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

8.

Accordingly, the BLAPL stands disposed of.

9.

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