High CourtsSingle Bench(2023) 10 OHC CK 0022

Tophan Bisoyi @ Tofan vs State Of Odisha

Orissa High Court · Decided on 9 October 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Dismissed
CASE NUMBER
Bail Application No.10845 Of 2023

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Judgment

6 paragraphs · 199 words

Savitri Ratho, J

1.

Mr. K. Pradhan, learned counsel appearing on behalf of Mr. S.K. Pattnaik, learned counsel for the petitioner prays for an adjournment.

2.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Badagada P.S. Case No.267 of 2023 corresponding to G.R. Case No. 95 of 2023 pending in the Court of the learned Addl. District Judge -cum- Special Court under POCSO Act, Berhampur registered for commission of offences punishable under Sections 450, 294, 376(2)(n), 506 of IPC read with Section 6 of POCSO Act and Section 66-E of I.T. Act.

3.

Perusal of the rejection order reveals that though the victim came in acquaintance with the petitioner through her friend. Taking advantage of the absence of her family members in her house, he had sexual intercourse with her against her will and has taken video and photographs of her and by threatening to make them viral continued to have sexual relation with her for about eight months and thereafter she learnt that he has married her friend.

4.

List this case on 04.12.2023 to enable the learned State Counsel to obtain the up-to-date case diary.

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