Orissa High Court
Masiya Pradhan And Another vs State Of Odisha .... Opposite Party on 17 July, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6298 of 2023
Masiya Pradhan and another .... Petitioners
Mr. M. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
17.07.2023 Order No.
02. 1. Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners are accused in C.T. Case No.177 of 2023 pending in the Court of the learned S.D.J.M., Balliguda arising out of Balliguda P.S. Case No. 111 of 2023 for commission of the alleged offence under Sections 452/342/323/324/506/376(1) and 34 of the IPC.
3. Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Balliguda by order dated 18.05.2023 in the aforementioned case, the present BLAPL has been filed.
4. Learned counsel for the petitioner submits that he does not want to press the bail application of Petitioner No. 2 (Kenjura Pradhan).
5. Accordingly, the BLAPL in respect of Petitioner No.2 (Kenjura Pradhan) stands disposed of as not pressed.
Page 1 of 26. It is submitted by the learned counsel that Petitioner No.1 (Masiya Pradhan) is in custody since 28.04.2023 and charge sheet has been filed on 26.06.2023, further continuance of the petitioner No. 1 in custody is not warranted.
7. Learned counsel for the State opposes the prayer for bail.
8. Perused the 164 Cr.P.C. statement of the victim.
9. Considering the nature of allegation is a primarily against the Petitioner No. 2, who has since been released on bail as he is a JCC, this Court directs the Petitioner No.1 (Masiya Pradhan) to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Soumya Judge
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication
Location: High Court of Orissa
Date: 18-Jul-2023 20:09:45
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