High CourtsSingle Bench(2024) 05 OHC CK 0007

Rakesh Mohanta vs State Of Odisha

Orissa High Court · Decided on 1 May 2024

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12418 Of 2023

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Judgment

9 paragraphs · 213 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 25.07.2023 in connection with Badasahi P.S. Case No.303 of 2023 corresponding to S.T. Case No.264 of 2023 pending before the Court of learned Addl. Dist. & Sessions Judge, Baripada for the alleged commission of offence under Section 376(2)(n)/417 of IPC.

4.

It is alleged that the petitioner committed rape on the victim girl when she had come out of her house to attend call of nature. Subsequently also he is said to have committed rape on several occasions.

5.

After considering the submissions and on perusal of the materials available in the case diary including the statement of the victim recorded under Section 161 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 the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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