Rajesh Kandi vs State Of Odisha

V. Narasingh, J

1.None appears for the Petitioner, when the matter is called.

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

The Petitioner is in custody since 05.10.2022 as an accused in G.R. Case No.704 of 2022 pending on the file of learned J.M.F.C., Konark, arising out of Gop P.S. Case No.390 of 2022 for commission of the offence under Sections 376(2)(n)/506 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Nimapara, by order dated 17.11.2022 in the aforementioned case, the present BLAPL has been filed.

On instruction, learned counsel for the Informant submits that on the intervention of well-wishers of the family, the victim has willingly agreed to join the Petitioner in matrimony.

Taking note of such submission, 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 two weeks on such date and time to be fixed by the learned Court in seisin till submission of charge sheet. Certification of such appearance shall be submitted to the Court in seisin.

Copy of this order be sent to concerned DLSA to make an independent enquiry and submit a report to this Court as to whether as assured the Petitioner has married the victim or not.

A report to that effect in the disposed of matter be placed before this Court by 17.04.2023 since it is stated that the married is fixed to 10.04.2023.

List this matter on 17.04.2023 along with such report.

Free copy of this order be made over to the learned counsel for the State for communication.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted in course of the day.

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