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Orissa High CourtBLAPL/10798/2021disposed off

Manu@ Abhimanyu Kanhar@ Abhimanu Kanhar v. State Of Odisha

2022-03-04Dr. Justice S.K. Panigrahi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO. 10798 OF 2021 Manu @ Abhimanyu Kanhar@ Abhimanu Kanhar ....

Petitioner Mr.H.S.Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr.A.Das,ASC

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

04.03.2022 Order No.

01.

1. This matter is taken up by hybrid mode.

2. A memo of appearance filed by Mr.H.S.Mishra in Court to conduct the case on behalf of the petitioner be kept on record.

3. It appears that the bail application of the petitioner was earlier rejected vide order dated 13.08.2021 in BLAPL 9432 of 2020 with an observation regarding completion of trial as expeditiously as possible.

4. On perusal of the rejection order of the court below it reveals that out of sixteen witnesses only five witnesses have been examined. The victim has not been examined. Moreover, the victim has become pregnant. Eleven witnesses are to be examined including the victim.

5. Therefore, keeping in view the gravity of the alleged offences and the fact of non-examination of other vital

// 2 // witnesses including the victim, I am not inclined to allow the bail application.

6. The BLAPL is accordingly dismissed.

7. However, since it is prayed for expedite of trial, the trial court is directed to conclude the trial preferably within a period of three months. In case the trial of the case is not concluded, the petitioner is at liberty to move bail application afresh before this Court.

( S.K. Panigrahi) Judge LB