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Orissa High CourtBLAPL/10856/2021allowed

Ajit Kumar Nayak v. State Of Odisha

2022-01-24Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10856 of 2021 Ajit Kumar Nayak ....

Petitioner Mr. Sidharth Prasad Das, Advocate -versusState of Odisha ....

Opposite Party Ms. Sanjibani Mishra, Addl. Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

24.01.2022 Order No.

01.

1.

The matter is taken up through video conferencing mode. 2.

Heard Mr. S.P. Das, learned counsel for the Petitioner and Ms. S. Mishra, learned Additional Standing Counsel for the State. 3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Ajit Kumar Nayak in connection with Badabazar P.S. Case No.199 of 2021 corresponding to G.R. Case No.1676 of 2021 pending in the court of learned S.D.J.M., Berhampur for alleged commission of offence under Sections 376/313/384/451/506/507/34 of the Indian Penal Code.

4.

It is submitted that the Petitioner is inside custody since 30th September, 2021 and in the meantime investigation has been completed. It is also submitted that as per allegations the victim stayed in the house of the Petitioner and there was promise to marry.

5.

Upon hearing learned State counsel and considering the statement of the victim recorded under Section 164 Cr.P.C. and the circumstances of the case, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.

6.

The BLAPL is accordingly disposed of.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, in the manner prescribed vide Court's Notice No.514 dated 7th January, 2022.

( B.P. Routray) Judge M.K.Panda