High CourtsSingle Bench(2023) 03 OHC CK 0022

Laxmidhar Biswal @ Papuni vs State Of Odisha & Another

Orissa High Court · Decided on 3 March 2023

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 876 Of 2022

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Judgment

9 paragraphs · 195 words

B. P. Routray, J

1.The matter is taken up through hybrid mode.

2.

Heard Mr. S. Panda, learned counsel for the Petitioner, Mr. K.K. Das, learned Additional Standing Counsel and Mr. S. Behera, learned counsel for victim.

3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Laxmidhar Biswal @ Papuni in connection with Gondia P.S. Case No.133 of 2018 corresponding to C.T. (Special) Case No.53 of 2018 pending in the court of learned Additional Sessions Judge, Dhenkanal for alleged commission of offence under Sections 341/342/294/323/366/387/376(D)/376(2)(h)/506/120/34 of the Indian Penal Code and Sections 3(1)(r)(s) / 3(2)(v)(va) of SC and ST (PoA) Act.

4.

It is submitted that though 18 witnesses have been examined in course of trial in the meantime but the victim is yet to be examined.

5.

Considering the submissions made by all the parties and upon perusal of the evidences of the witnesses, I am not inclined to release the Appellant on bail. Accordingly, his prayer for bail is rejected.

6.

However, the Appellant is at liberty to renew his prayer for bail after examination of the victim.

7.

The BLAPL is accordingly disposed of.

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