High CourtsSingle Bench

Kunal Khara vs State of Odisha

Orissa High Court · Decided on 1 December 2022 · Citation: (2022) 12 OHC CK 0012

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 366, 366A, 376(2)(n), 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7460 Of 2022
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Judgment

11 paragraphs · 194 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in G.R. Case No.425 of 2022, pending before the learned Sub-Divisional Judicial Magistrate, Koraput, arising out of Padwa P.S. Case No.49 of 2022, for commission of alleged offences under Sections 366/366-A/376(2)(n)/506/34 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Koraput, by order dated 23.07.2022 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 14.06.2022 and since charge-sheet has already been filed on 01.08.2022, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim.

7.

Considering the tenor thereof, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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

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