High CourtsSingle Bench

Pana Sahu @ Sahoo vs State Of Odisha

Orissa High Court · Decided on 28 August 2023 · Citation: (2023) 08 OHC CK 0188

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376D
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8475 Of 2023
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Judgment

12 paragraphs · 218 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 S.T. Case No.222/07 of 2022, pending before the court of the learned 2nd Addl. Sessions Judge, Rourkela, arising out of Raiboga P.S. Case No.75 of 2022 for alleged commission of offence under Section 376-D IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Rourkela, by order dated 13.07.2023 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 7.9.2022 and as charge sheet has been filed on 04.11.2022, his further continuance in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail of the Petitioner.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C and the medical examination report and the statement of the son of the victim.

7.

Considering the same, this Court is not inclined to entertain this bail application.

8.

Liberty is given to the Petitioner to renew his prayer after examination of the victim.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

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