Banty Matia @ Bijan Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10976 of 2022 Banty Matia @ Bijan Kumar Das ....

Petitioner Mr. A. Mohanta, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. Karunakar Gaya, ASC Mr. M. Muduli, Adv (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

09.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 2.

The petitioner is an accused in G.R. Case No.645 of 2022 corresponding to S.T. Case No.84 of 2022, pending in the file of learned District and Sessions Judge, Keonjhar, arising out of Turumunga P.S. Case No.51 of 2022, for commission of alleged offences under Sections 376/323/34 of IPC later turned into Section 376/313/323 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District and Sessions Judge, Keonjhar by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the petitioner that charge sheet has ben filed in the case at hand on 10.06.2022 citing the petitioner as an absconder. In terms of the direction passed by

this Court, he surrendered and was remanded to custody on 29.09.2022.

5.

It is stated that since charge sheet has already been filed, he may be released on bail.

6.

Learned counsel for the informant opposes the prayer for bail.

7.

Consideirng the 164 Statement of the victim which is on record, 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 rules. (V. NARASINGH) Judge Santoshi