Prasanna Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 918 of 2022 Prasanna Kumar Sahoo ....

Appellant Mr. S.K. Sarangi, Advocate -Versus - State of Odisha & Anr.

....

Respondents Mr. S.K. Mishra, Addl. Standing Counsel Mr. S.K. Lenka

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.11.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

Defect be ignored.

02.

3.

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

4.

The appellant is in custody since 27.06.2022 in connection with Kandarpur P.S. Case No.108 of 2022 corresponding to C.T. Case No.167 of 2022 pending in the Court of learned Special Court SC/ST, Cuttack for the alleged commission of offence under Sections 376(2)(n)/294/506 of IPC read with Section 3(1)(r)(s)/3(2)(va) of SC & ST (POA) Act.

5.

It is alleged that the appellant forcibly committed sexual intercourse with the victim against her will. The statement of the victim recorded under Section 164 Cr.P.C. reveals a different story. Prima facie, the relationship is purely consensual in nature and the case appears to have been foisted only because the appellant refused to marry the victim.

6.

Considering the above facts and the period of detention undergone, I am inclined to allow the prayer for bail. Let the appellant 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, failing which NBW shall be issued to take him to custody again. Further he shall not approach, threaten, coerce or pressurize the victim in any manner whatsoever.

7.

CRLA is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana