High CourtsSingle Bench

Sambit Samal vs State Of Orissa

Orissa High Court · Decided on 24 January 2022 · Citation: (2022) 01 OHC CK 0160

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 394, 323, 341, 376(2)(n), 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10873 Of 2021
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Judgment

20 paragraphs · 330 words

B. P. Routray, J

1.

The matter is taken up through video conferencing mode.

2.

Heard Ms. M. Mishra, learned counsel for the Petitioner, Mr. P.K. Samal, learned counsel for the Informant and Mr. S.K. Mishra, learned

Additional Standing Counsel for the State.

3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Sambit Samal in connection with Badachana P.S. Case No.354 of

2021 corresponding to C.T. Case No.1514 of 2021 pending in the court of learned J.M.F.C., Chandikhol for alleged commission of offence under

Sections 341/323/294/506/376(2)(n)/34 of the Indian Penal Code.

4.

It is submitted that the Petitioner is inside custody since 13th October, 2021 and in the meantime investigation has been completed. It is further

submitted that as per allegations there was love relationship between the victim and the Petitioner with promise to marry.

5.

Learned counsel for the informant submits that in the meantime the victim has given birth to a male child and the Petitioner kept physical

relationship with the victim with promise to marry.

6.

Upon hearing learned State counsel, learned counsel for the informant and considering the statement of the victim recorded under Section 164

Cr.P.C. as well as circumstances of the case, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be

fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by

way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.

7.

The BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, in the manner prescribed vide Court’s Notice No.514 dated 7th January,

2022.

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