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Orissa High CourtCRLA/555/2022rejected

Bhusu@Duryadhan Mohanta v. State Of Odisha

2022-09-05Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.555 of 2022 Bhusu @ Duryadhan Mohanta ....

Appellant Mr. H.K. Mohanta, Advocate -versus1. State of Odisha

2. Fulamani Hembram ....

Respondents Mr. Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.09.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State submits that the notice on the informant is sufficient.

None appears on behalf of the informant.

Heard learned counsel for the appellant and learned counsel for the State.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with G.R. Case No.98 of 2021 arising out of Rasgovindpur P.S. Case No.279 of 2021 pending in the Court of learned 1st Additional Sessions Judge -cum- Special Judge, Baripada for offences punishable under sections

// 2 // 376(2)(i)(n) of the Indian Penal Code and section 3(2)(v) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned 1st Additional Sessions Judge -cum- Special Judge, Baripada which was rejected on 04.06.2022.

After going through the 164 Cr.P.C. statement of the victim, who was aged about twenty two years at the time of occurrence and implicated the appellant for commission of rape on her, I am not inclined to release the appellant on bail. The prayer for bail of the appellant stands rejected.

The appellant is at liberty to renew his prayer for bail after examination of the victim in the trial Court. Accordingly, the CRLA is disposed of.

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

( S.K. Sahoo) Judge RKM