High CourtsSingle Bench(2023) 12 OHC CK 0128

Sanjit Kumar Nayak vs State Of Odisha And Another

Orissa High Court · Decided on 20 December 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 1267 Of 2023

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Judgment

13 paragraphs · 266 words

V. Narasingh, J

1.

Heard learned counsel for the Appellant, learned counsel for the informant and learned counsel for the State.

2.

Mr. M.B. Das, learned counsel has entered appearance on behalf of the informant by filing vakalantama in Court. The same is taken on record. The name of Mr. Das be reflected in the file, cause list and CMS of this Court.

3.

This CRLA has been filed by the Appellant challenging the order dated 31.10.2022 passed by the learned Addl. Dist. & Sessions Judge, Kuchinda` in Spl. G.R. Case No.04 of 20223, arising out of Kuchinda P.S. Case No.95 of 2023.

3.

It is submitted by the learned counsel that the Appellant is in custody since 06.06.2023 and as charge sheet has already been filed on 04.08.2023, he may be released on bail.

4.

Learned counsel for the State as well as the informant oppose the prayer for bail taking into account the nature of allegation.

5.

This Court perused the 164 Cr.P.C. statement of the victim. The same is taken on record.

6.

Considering the same, this Court directs the Appellant to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

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

8.

It shall be open to the victim and/or her family to seek variance of this order, in the event there is any threat perception.

9.

Accordingly, the CRLA stands disposed of.

10.

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

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