Chandan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12153 of 2022 Chandan Swain ....

Petitioner Mr. Unmesh Chandra Jena, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.426 of 2022 arising out of Sukinda P.S. Case No.193 of 2022 pending in the Court of learned G.N. -cum- J.M.F.C., Sukinda for offences punishable under sections 448/294/341/354/ 354(B)/506/376/511 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Jajpur Road vide order dated 02.12.2022.

Considering the submission made by the learned

// 2 // counsel for the petitioner that the petitioner is in judicial custody since 29.09.2022 and investigation has made substantial progress and after going through the statement of the victim, who is a married lady aged about thirty five years and the fact that the victim declined to get herself medically examined and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM