Sudhri Harijan @ Sudhira Harijan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2888 of 2022 Sudhri Harijan @ Sudhira Harijan ....

Petitioner Mr. U. Barik, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 27.01.2022 in connection with Kosagumuda P.S. Case No.20 of 2020 corresponding to G.R. Case No.120 of 2022 pending in the Court of learned S.D.J.M., Nabarangpur for the alleged commission of offence under Sections 450/376(1) of IPC 4.

The allegation is that when the victim lady was sleeping in her house along with her children and her husband was not at home, the petitioner entered into the house and forcibly committed sexual intercourse on her against her will.

5.

However, considering the nature of accusations, the statement of the victim recorded under Section 164 of Cr.P.C. and taking into account the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition

that he shall personally appear before the trial Court 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