Junesh Khosla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11498 of 2021 Junesh Khosla ....

Petitioner Mr. A.N. Pattanayak, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

2.

2.

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

3.

The petitioner is in custody since 18.09.2021 in connection with Pottangi P.S. Case No.87 of 2021 corresponding to G.R. Case No.768 of 2021 pending in the Court of learned S.D.J.M., Koraput for the alleged commission of offence under Sections 376(2)(n)/377/294(A)/323/506 of IPC read with Sections 67-A/66E of I.T. Act. 4.

Though it is alleged that the petitioner forcibly committed sexual intercourse with the victim, yet from the materials on record, it is submitted that they had allowed relationship for more than three years and therefore, the so called sexual relationship between them can be treated as consensual.

5.

Having regard to the submissions, materials on record, the period of detention in custody and the fact that charge sheet has been submitted in the case, I am inclined to allow the prayer for bail. Let the petitioner 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 without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana