High CourtsSingle Bench

Udayanath Sahu vs State Of Odisha

Orissa High Court · Decided on 7 August 2023 · Citation: (2023) 08 OHC CK 0042

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 294, 323, 341, 354, 354B, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7154 Of 2023
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Judgment

13 paragraphs · 295 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 G.R. Case No.248 of 2023, pending in the Court of the learned S.D.J.M., Patnagarh, arising out of Larambha P.S. No.58 of 2023, for alleged commission of offences under Sections 452/341/294/323/354/354-B/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, patnagarh, by order dated 17.06.2023 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 02.06.2023 and as charge sheet has already been filed on 19.07.2023, he may be released on bail.

5.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner.

6.

Taking into account the nature of allegation, period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station twice every week till conclusion of trial on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

8.

It is further directed that the petitioner shall not in any way try to intimidate the victim and her family.

9.

It shall be open to the victim and her family to seek variance of this order, in case 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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