Manas Kumar Mukhi @ Manas v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2820 of 2022 Manas Kumar Mukhi @ Manas ....

Petitioner Mr. R.N.Rout, Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

30.6.2022.

02.

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. The Petitioner is in custody since 22nd March, 2022 in connection with Khaira P.S. Case No.77/2022 corresponding to C.T. Case No.304/2022 pending in the court of learned J.M.F.C., Soro for the alleged commission of the offence under Sections 376/506 of I.P.C.

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4. It is alleged that the Petitioner committed forcible sexual intercourse on the victim, who was working as a domestic help in his house. It is submitted that there is wide variance in the F.I.R. story as well as the statement of the victim recorded under Section 161 of Cr.P.C. Further, the victim also refused to undergo medical examination after the alleged occurrence which suggest that the relationship was consensual in nature.

5. Considering the submissions as above, the materials on record, the period of detention in custody and the fact the charge sheet has already been submitted, 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 personally before the court below 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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