High CourtsSingle Bench

Ajit Kumar Nayak vs State Of Orissa

Orissa High Court · Decided on 25 January 2022 · Citation: (2022) 01 OHC CK 0185

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 313, 376, 384, 451, 506, 507
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10856 Of 2021
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Judgment

17 paragraphs · 284 words

B. P. Routray, J

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.

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