High CourtsSingle Bench

Anil Makar vs State Of Odisha

Orissa High Court · Decided on 17 April 2023 · Citation: (2023) 04 OHC CK 0165

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 323, 342, 376(2)(n), 376D, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12893 Of 2022
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Judgment

9 paragraphs · 250 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.376(2)(n)/376-D/342/323/506/ 120-B, I.P.C.

2.

Heard Mr. B.K. Ragada, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3.

It is submitted that the Petitioner is inside custody since 26.12.2019 and in the meantime, 15 witnesses have already been examined including the victim. It is further submitted that as per cross-examination of the victim, she is habituated in lodging false case against different persons and so far as the present Petitioner is concerned, the allegations against him are with less severity.

4.

Upon hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party and perusal of copies of depositions of the witnesses including P.W.15 (the victim), it is directed to release the Petitioner on bail in connection with Jharsuguda P.S. Case No.835/2019 corresponding to C.T. (Ses.) No.35 of 2020 on such terms and conditions to be fixed by the learned Addl. Sessions Judge, Jharsuguda as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

5.

The BLAPL is disposed of.

6.

The copies of depositions as produced by Mr. B.K. Ragada, learned counsel for the Petitioner in course of hearing are kept on record.

7.

An urgent certified copy of this order be granted on proper application.

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