Babulu Pradhan v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2580 of 2022 Babulu Pradhan ....

Petitioner Mr. J. Sahoo, Adv.

- Versus - State of Odisha & Others ....

Opp. Parties Mr. P. Tripathy, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

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

3.

Learned State counsel informs that notice on the informant/victim has been served on 21.07.2022. However, there is no appearance from her side. Hence, the bail application is taken up for hearing.

4.

It is alleged that the petitioner and some other persons attempted to commit rape on the victim and took her nude photographs. The petitioners are also threatened to make the said photographs viral. The victim has given a detailed statement before the Magistrate under Section 164 Cr.P.C which runs into five pages. Apart from the allegation that certain photographs were taken of her and she was threatened to dire consequences as also the fact that one of the accused persons attempted to commit rape on her, there is no other allegation of sexual assault. 5.

Considering the above facts, materials on record, the period of detention of the petitioner in custody and in particular the statement of the victim recorded under section 164 for Cr.P.C, I

am inclined to allow the prayer for bail. Let the Petitioner be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall appear before the trial court below on each date of posting of the case without fail. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana