High CourtsSingle Bench

Saroj Kumar Pradhan vs State Of Odisha

Orissa High Court · Decided on 24 March 2023 · Citation: (2023) 03 OHC CK 0170

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 342, 365, 366, 376(2)(n), 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 408 Of 2023
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Judgment

11 paragraphs · 228 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in G.R. Case No.2956 of 2022 pending on the file of learned S.D.J.M., Talcher arising out of Kaniha P.S. Case No.345 of 2022 for commission of the alleged offence under Sections 365/366/376(2)(n)/342/506/34 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Talcher by order dated 22.12.2022 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 18.12.2022 and as charge sheet has been filed on 14.2.2023, 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. as well as her friend Sagarika Behera (C.W.23) whose house the Petitioner went along with the victim.

7.

Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter subject to verification of criminal antecedent of any nature.

8.

The BLAPL thus stands disposed of.

9.

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

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