Keshaba Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 110 of 2022 Keshaba Pradhan ....

Appellant Mr. J. Sahu, Advocate -Versus - State of Odisha & Anr.

....

Respondents Mr. J. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.11.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The appellant is in custody since 03.12.2021 in connection with Padampur P.S. Case No.288 of 2021 corresponding to Spl. G.R. Case No.101 of 2021 pending in the Court of learned Addl. Sessions Judge, Padampur for the alleged commission of offence under Sections 376(2)(i)/506 of IPC and Sections 3(1)(r)/(2)(v)(va) of SC & ST (POA) Act.

4.

It is alleged that the appellant entered into the informant's house and finding the victim alone, committed rape on her. The victim is a physically challenged person. The victim has vividly described the occurrence in her statement recorded under Section 161 Cr.P.C. which reveals a strong prima facie case against the petitioner.

5.

Considering the nature of accusations and the availability of materials prima facie in support thereof, I am not inclined to allow the prayer for bail, which is therefore, rejected. It is open

to the appellant to renew his prayer after examination of the victim during trial.

6.

CRLA is accordingly rejected.

(Sashikanta Mishra) Judge A.K. Rana