Santosh Kumar Karan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9634 of 2021 Santosh Kumar Karan ....

Petitioner Mr. N. Moharana, Advocate -versusState of Orissa ....

Opp. Party Mr. S.R. Roul, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

12.12.2022 14.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Khandagiri P.S. Case No.25 of 2021 corresponding to C.T. Case No. 210 of 2021 pending in the file of learned S.D.J.M., Bhubaneswar for commission of offences punishable U/Ss. 363/366/376(2)(n) of IPC, r/w Section-6 of POCSO Act on the allegation of kidnapping the victim and committing rape and aggravated sexual assault upon her.

3.

In the course of hearing of the bail application, Mr. N. Moharana, learned counsel for the Petitioner submits that the Petitioner was on interim bail and during that period, he has compromised the dispute with the victim, and, therefore, the Petitioner may kindly be released on bail.

4.

On contrary, Mr. S.R. Roul, learned A.S.C. submits that there is sufficient and ample evidence against the Petitioner for finding a prima facie case against the petitioner for commission of rape and aggravated penetrative sexual assault upon the victim.

// 2 // 5.

Considering the rival submissions made, the nature and gravity of accusations raised against the Petitioner as also the gravity of offences and the fact that the Petitioner while on interim bail has tried to influence the victim to compromise the matter, this Court considers it undesirable to grant bail to the Petitioner. 6.

Hence, the bail application of the Petitioner stands rejected. 7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules. ( G. Satapathy) Judge Priyajit