High CourtsSingle Bench

Prasanta Pradhan vs State Of Odisha

Orissa High Court · Decided on 18 August 2023 · Citation: (2023) 08 OHC CK 0126

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 312, 313, 366, 376(2)(n), 417
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8301 Of 2023
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Judgment

12 paragraphs · 273 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in C.T. Case No.180 of 2023 pending on the file of learned Addl. Sessions Judge, Balliguda, arising out of Tikabali P.S. Case No.45 of 2023 for commission of the offence under Sections 366/376(2)(n)/312/313/417 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Balliguda, by order dated 19.07.2023 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 15.04.2023 and as charge sheet has been filed on 26.05.2023, his further continuance in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

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.

8.

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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

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