Deepak Rana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2729 of 2022 Deepak Rana ....

Petitioner M/s.U. Barik Advocate -versusState of Odisha ....

Opposite Party Mr.P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.4.2022.

01.

1. This matter is taken up through virtual mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 29th January, 2022 in connection with Biramitrapur P.S.

Case No.11/2022 corresponding to G.R. Case No.190/2022 pending in the court of learned S.D.J.M., Panposh, Rourkela for the alleged commission of the offence under Section 376(2)(n) of I.P.C..

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4. It is alleged that the Petitioner committed rape on the victim on the pretext of marrying her, but went back on his promise. The statement of the victim recorded under Section 161 of Cr.P.C. clearly reveals that there was love relationship between them.

5. Considering the age of the victim, who is 24 years, it is prima facie difficult to believe that the she would allow herself to be ravished only on the pretext of marriage. Having regard to the submissions made, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail.

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

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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