Sambit Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10873 of 2021 Sambit Samal ....

Petitioner Ms. Mamata Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Sangram Keshari Mishra, Addl. Standing Counsel Mr. P.K. Samal, counsel for Informant

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 Ms. M. Mishra, learned counsel for the Petitioner, Mr. P.K. Samal, learned counsel for the Informant and Mr. S.K. 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 Sambit Samal in connection with Badachana P.S. Case No.354 of 2021 corresponding to C.T. Case No.1514 of 2021 pending in the court of learned J.M.F.C., Chandikhol for alleged commission of offence under Sections 341/323/294/506/376(2)(n)/34 of the Indian Penal Code.

4.

It is submitted that the Petitioner is inside custody since 13th October, 2021 and in the meantime investigation has been completed. It is further submitted that as per allegations there was love

relationship between the victim and the Petitioner with promise to marry.

5.

Learned counsel for the informant submits that in the meantime the victim has given birth to a male child and the Petitioner kept physical relationship with the victim with promise to marry. 6.

Upon hearing learned State counsel, learned counsel for the informant and considering the statement of the victim recorded under Section 164 Cr.P.C. as well as 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. 7.

The BLAPL is accordingly disposed of.

8.

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