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Orissa High CourtBLAPL/2910/2022disposed off

Sanjay Kumar Sahoo v. State Of Odisha

2022-04-25Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2910 of 2022 Sanjay Kumar Sahoo ....

Petitioner Mr. U.C.Jena Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.4.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

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

3. The Petitioner is in custody since 25th February, 2022 in connection with Aul P.S. Case No.65/2022 corresponding to G.R .Case No.109 of 2022 pending in the court of learned J.M.F.C., Aul for the alleged commission of the offence under Sections 448/341/376 (2)(n)/506 of I.P.C.

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4. The prosecution allegation is that the Petitioner taking advantage of the absence of the husband of the victim entered into her house at late night and forcibly committed rape on her by threatening her with a knife and he is also said to have recorded the act on his mobile and threatened the victim to make it viral. On such threat of blackmail the Petitioner is said to have committed sexual intercourse on some other occasions thereafter.

5. Having regard to the nature of accusations as above and the existence of materials prima facie in support thereof in the form of the statement of the victim recorded under Section 164 of Cr.P.C., I am not inclined to allow the prayer for bail, which is therefore rejected.

6. It is, however, open to the Petitioner to renew his prayer for bail after examination of the victim during trial. (Sashikanta Mishra) AKB Judge