Dhanurjaya Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 633 of 2022 Dhanurjaya Sahu ...

Appellant Mr. A. Das, Advocate -Versus - State of Odisha & Anr.

....

Respondents Mr. P.Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.11.2022 1.

This matter is taken up through hybrid mode.

Order No.

05.

2.

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

3.

Learned State Counsel informs that notice has already been served on the victim/informant. There is however, no appearance from her side. Hence the appeal is taken up for hearing 4.

The appellant is in custody since 23.06.2022 in connection with Chandahandi P.S. Case No.71 of 2022 corresponding to T.R. Case No.21 of 2022 pending in the Court of learned Addl. District and Sessions Judge, Umerkote, Nabarangpur for the alleged commission of offence under Sections 376/294/506/34 of IPC read with Section 3(1)(r)(s)/3(2) of SC & ST (POA) Act.

5.

From the statement of the victim recorded under Section 161 Cr.P.C. it is evident that the victim and the appellant had a love affair, in course of which, the appellant is said to have committed sexual intercourse on the assurance of marriage.

The victim is a major girl, aged about 21 years. 6.

Considering the above facts, the materials on record and the period of detention in custody, I am inclined to direct the appellant to be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose.

7.

CRLA is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana