Advocates:
['BIBHUTI RANJAN MOHANTY', '', 'A MOHANTY', 'A MOHARANA', 'B K RAJ', 'M/S N K ROUT', 'S S KASHYAP', 'B MOHANTY', 'N M ROUT']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9808 of 2022

Gagan Kumar Patra

&.

Petitioner

Mr. B.R. Mohanty, Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. Karunakar Gaya, ASC

Mr. N.K. Rout, Adv (For Informant)

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

04.11.2022

04.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel

for the informant and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.955 of 2022,

pending in the file of learned J.M.F.C., (City), Cuttack arising out

of Badambadi P.S. Case No.215 of 2022, for alleged commission

of offence under Sections 376(2)(f(n)/417 of IPC and is in custody

since 03.09.2022.

4.

Being aggrieved by the rejection of her application for bail

U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack by order

dated 30.09.2022 in the aforementioned case, the present BLAPL

has been filed.

5.

It is submitted by the learned counsel for the petitioner that

the petitioner is in custody since 03.09.2022 and as charge sheet has

already been filed on 23.09.2022, futher continuance of the

petitioner in custody is not warranted.

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6.

Learned counsel for the State as well as the informant

relying on the 164 Cr.P.C. statement of the victim submits that she

was duped and kept physical relationship with her on the promise of

marriage and hence the petitioner ought not to be released on bail

merely because charge sheet has been filed in the meanwhile.

7.

Perused the 164 Cr.P.C. statement of the victim and the

statement of other co-accused which are on record.

8.

Considering the tenor thereof and taking into account the

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

elarned Court in siesiin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH)

Judge

Santoshi