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Judgment
13 paragraphs · 310 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with C.T. (Sess.) Case No.47 of 2023, pending in the file of learned District & Sessions Judge, Jajpur, arising out of Bari-Ramachandrapur P.S. Case No.162 of 2022 for alleged commission of offences under Sections 498-A/323/294/307/406/506 of IPC read with Section 4 of D.P. Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jajpur by order dated 20.03.2023 in the aforementioned case, the present BLAPL has been filed.
By order dated 19.07.2023, this Court called upon the learned counsel for the State as well as the petitioner to place on record the statement of informant/victim.
On instruction, learned counsel for the State submits that since the victim is staying outside, her statement could not be recorded. But it has been mentioned in the said instruction that “She is doing her daily works normally.” The said instruction is taken on record.
It is submitted by the learned counsel that petitioner is in custody since 02.06.2022 and as final form has already been submitted on 21.07.2022, he may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the fact that one of the injuries is admittedly grievous.
Considering the period of custody and that the petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.
If it comes to fore that the petitioner has any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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