High CourtsSingle Bench

Amulya Parida vs State Of Odisha

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0190

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 307, 323, 325, 341, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8654 Of 2023
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Judgment

14 paragraphs · 296 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with G.R. Case No.456 of 2023, pending before the Court of the learned J.M.F.C., Jatni, arising out of Info Valley P.S. Case No.196 of 2023, for commission of the alleged offence under Section-341/294/323/325/307/506 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge(K) at Bhubaneswar by order dated 19.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 25.06.2023 and as charge sheet has already been filed on 18.07.2023, he may be released on bail.

5.

On instruction learned counsel for the State submits that the injured has been discharged and leading a normal life. But, opposes the prayer in view of grievous injury.

6.

It is submitted by the learned counsel for the Petitioner that the Petitioner is the first offender.

7.

Taking note of the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter subject to verification of criminal antecedent of any nature.

8.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

9.

It is further directed that the petitioner shall not in way try to intimidate the victim and/or his family.

10.

It shall be open to the victim and/or his family to seek variance of this order, in the event there is any threat perception.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per the rules.

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