Priyajit Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2996 of 2022 Priyajit Swain ....

Petitioner Mr. N.K. Deo, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.04.2022 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 has been arrested in connection with Pipili P.S. Case No.515 of 2021 corresponding to Special G.R. Case No.111 of 2021, re-numbered as T.R. No. 9 of 2022 pending in the Court of learned Addl. District Judge-cum-Special Court under POCSO Act, Puri for the alleged commission of offence under Sections 452/376 (1) of IPC and Section 8 of POCSO Act. 4.

The allegation is that taking advantage of the absence of the parents of the victim, who is a manor girl aged about 16 years, the petitioner entered into her house and forcibly committed sexual intercourse on her. The occurrence has been not only described vividly in the FIR but also by the victim herself in her statement recorded under Section 164 Cr.P.C.

5.

Considering the above facts, I am not inclined to allow the prayer for bail, which is therefore rejected. It is open to the petitioner to renew his prayer for bail after examination of the victim during trial of the case.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana