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Samanta Bhati Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Samanta Bhati Vs State of OdishaSamanta Bhati v. State of Odisha

Allowed

Samanta Bhati v. State of Odisha

Orissa HC14 Sept 2022BLAPL/6284/2022

Case brief

AI extract

What is this about?

The High Court of Odisha allowed the bail application filed by an accused in a sexual offence case. Considering the period of custody and the fact that the charge sheet was filed, the Court directed the petitioner's release on bail to be tendered by the learned Judiciary Magistrate.

What did the court decide?

The petitioner is directed to be released on bail on such terms to be fixed by the learned Court in seisin.

What the court decided

AI extract

Outcome

The petitioner is directed to be released on bail on such terms to be fixed by the learned Court in seisin.

Issue for consideration

Whether the petitioner, accused under Section 376/506 IPC, should be released on bail after the charge sheet and period of custody have matured.

Detailed headnote1 paragraphs

In a bail application U/s. 439 Cr.P.C. regarding an offence u/s. 376/506 IPC, the Court considered the period of custody and the filing of the charge sheet. Taking into account these factors, the Court held that further custody was not warranted and directed the release of the petitioner on bail to be granted by the Court below on such terms as it may deem appropriate.

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. 6284 of 2022

Samanta Bhati …. Petitioner

Mr. B.R. Tripathy, Advocate -versus-

State of Odisha

…. Opposite Party

Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

14.09.2022

Order No.

02.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in C.T. Case No.106 of 2022, pending in the file of learned J.M.F.C., Koksara, arising out of Koksara P.S. Case No.93 of 2022, under Section 376/506 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh, Dist-Kalahandi by order dated 24.06.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted that the petitioner is in custody since 24.04.2022 and since charge sheet has already been filed in the meanwhile, further continuance of the petitioner is custody is not warranted.

Learned counsel for the State opposes the prayer for bail.

Page 1 of 2

This Court perused the 164 Cr.P.C. statement of the victim and the medical examination report.

Taking into account the period of custody and the background in which the allegations has been leveled, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

Accordingly, the BLAPL stands disposed of.

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

Santoshi

(V. NARASINGH)
Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, accused under Section 376/506 IPC, should be released on bail after the charge sheet and period of custody have matured.

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure, 1973439
Indian Penal Code, 1860376, 506

Parties & counsel

AI extract

petitioner
Samanta Bhati
respondent
State of Odisha

Coram

AI extract

V. Narasimha

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 14 Sept 2022 · September
Registered: 6 Jul 2022
Case no.: BLAPL/6284/2022
CNR: ODHC010429532022
Topic: Bail and Remand
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Samanta Bhati v. State of Odisha, BLAPL/6284/2022 (OD), decided on 14 September 2022.

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

Statutes2

Code of Criminal Procedure, 1973439
Indian Penal Code, 1860376, 506

View all statutes

Bench / Coram

V. Narasimha

Parties & counsel