AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 269 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in S.T Case No.203 of 2022 pending on the file of learned A.C.J.M-cum-A.S.J., Rourkela, arising out of Tangerpalli P.S. Case No.161 of 2022 for commission of the offence under Sections 323/294/493/376(2)(n)/417 IPC.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned A.C.J.M-cum-A.S.J., Rourkela, by order dated 02.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 07.10.2022 and as charge sheet has been filed on 29.11.2022, his further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer for bail.
Perused the statement of the victim recorded under Section 164 Cr.P.C.
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.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 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 rule.
………………………………