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Orissa High CourtBLAPL/11125/2022allowed

Mithun Dalai v. State Of Odisha

2022-12-14Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11125 of 2022 Mithun Dalai and others ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

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

ORDER

14.12.2022 Order No.

01.

1.

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

2.

The petitioners are accused in C.T. Case No.1594 of 2022, pending in the file of learned J.M.F.C. Chandikhole, Dist- Jajpur, arising out of Dharmasala P.S. Case No.563 of 2022, for commission of alleged offences under Sections 341/294/323/324/326/354/34 of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Chandikhole by order dated 03.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioners are in custody since 13.10.2022 and on instruction, the learned counsel for the petitioners submits that charge sheet has been filed on 30.11.2022. 5.

Perused the order of rejection.

6.

It is borne out from the same that there is case and counter case.

7.

Keeping in view the filing of the charge sheet and taking into account the statement made at the bar that the injured have recovered, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure that they do not in any way terrorize the informant and her family members.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi