High CourtsSingle Bench

Tukuna Naik vs State Of Orissa

Orissa High Court · Decided on 6 April 2023 · Citation: (2023) 04 OHC CK 0059

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 323, 376, 448, 498A, 506, 511
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1975 Of 2023
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Judgment

13 paragraphs · 249 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with Crl. T.R. No.306 of 2022, pending before the learned 4th Additional Sessions Judge, Bhubaneswar, arising out of Lingaraj P.S. Case No.97 of 2022, for alleged commission of offences under Sections 498-A/323/448/376/511/506 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhubaneswar, by order dated 02.02.2023 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 13.06.2022 and as charge sheet has been filed on 27.09.2022, he may be released on bail.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim, as submitted by the learned counsel for the petitioner. The same is taken on record.

7.

Considering the same, 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 not in any way try to intimidate the victim and her family.

9.

Leave is granted to the victim and her family to seek variance of this order, in the event there is any threat perception.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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