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Judgment
15 paragraphs · 309 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Spl. G.R. Case No. 31 of 2022 arising out of C.T. Case No. 996 of 2022, pending before the Court of the learned Addl. Sessions Judge-cum-Judge Spl. Court Deogarh arising out of Barkote P.S. Case No. 381 for alleged commission of offences under Sections 363/366-A IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Deogarh, by order dated 11.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 29.04.2023.
Relying on the final reports dated 14.10.2022, which is taken on record, it is submitted by the learned counsel that the Petitioner may be released on bail.
It is stated that so far as allegation against the present Petitioner is concerned, it is under section-363/366(A) of the IPC.
Learned counsel for the State opposes the prayer for bail.
Learned counsel for the Petitioner further submits that co-accused Mithun @ Lipun Gochayat has since been released on bail by order dated 08.02.2023 in BLAPL No. 13096 of 2022.
Perused the 164 Cr.P.C. statement.
Considering the nature of allegations qua the Petitioner, 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.
It is directed that the Petitioner shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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