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Milan Kanhar Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Milan Kanhar Vs State of OdishaMilan Kanhar v. State of Odisha

Allowed

Milan Kanhar v. State of Odisha

Orissa HC29 Sept 2022BLAPL/5444/2022

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the petitioner's bail application. Considering the submissions, materials on record, and the period of detention, the court ordered the petitioner's release on bail to appear before the trial court without fail, subject to further terms imposed by the court in seisin.

What did the court decide?

Petitioner released on bail subject to conditions including appearance in trial court on posting dates.

What the court decided

AI extract

Outcome

Petitioner released on bail subject to conditions including appearance in trial court on posting dates.

Issue for consideration

Whether the petitioner is entitled to bail considering the period of detention and the statement of the victim. +1 more

Detailed headnote1 paragraphs

The High Court allowed the bail prayer in connection with offences under Sections 363/366/323/506/344/376(1) IPC. In view of the period of detention and the statement of the victim recorded under Section 164 Cr.P.C., the petitioner was released on bail subject to terms and conditions to be framed by the court in seisin, including an obligation to appear in the trial court on each date of posting.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5444 of 2022

Milan Kanhar

Petitioner

Mr. Chhabi Behera Advocate

-versus-

….
State of Odisha Opposite Party
Mr. S.K.Mishra
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
29.9.2022.

Order No.

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 14th March, 2022 in connection with Phulbani P.S. Case No.40/2022 corresponding to C.T. Case No.199/2022 pending in the court of learned S.D.J.M., Phulbani for the alleged commission of the offence under Sections 363/366/323/506/344/376(1) of I.P.C.

Page 1 of 2

// 2 //

Considering the submissions made, the materials on record, the period of detention in custody and in particular the statement of the victim recorded under Section 164 of Cr.P.C., I am inclined to allow the prayer for bail.

Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper
application.
(Sashikanta Mishra)
AKB Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner is entitled to bail considering the period of detention and the statement of the victim.
2.
What terms and conditions should be imposed on the release of the petitioner on bail.

Parties & counsel

AI extract

petitioner
Milan Kanhar
respondent
State of Odisha

Coram

AI extract

Sashikanta Mishra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 29 Sept 2022 · September
Registered: 9 Jun 2022
Case no.: BLAPL/5444/2022
CNR: ODHC010375322022
Topic: Bail and Remand
Bench: Sashikanta Mishra
Disposal: Disposed Off

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Cite this judgement

Milan Kanhar v. State of Odisha, BLAPL/5444/2022 (OD), decided on 29 September 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sashikanta Mishra

Parties & counsel