High CourtsSingle Bench

Mithun Bhoi vs State Of Odisha

Orissa High Court · Decided on 1 May 2024 · Citation: (2024) 05 OHC CK 0005

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 294, 376(2)(n), 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12331 Of 2023
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Judgment

9 paragraphs · 225 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 05.07.2023 in connection with Muribahal P.S. Case No.128 of 2023 corresponding to S.T. Case No.55 of 2023 pending in the Court of learned Addl. District Judge, Kantabanji for the alleged commission of offence under Sections 376(2)(n)(294/506 of IPC.

4.

It is alleged that the petitioner committed rape on the victim repeatedly and on the night of the occurrence, he made further attempt by entering into her house but she raised shout, whereupon the petitioner assaulted her causing injuries. He also said to have threatened to make her objectionable photographs viral on social media.

5.

After considering the submissions made and on perusal of the case diary including the statement of the victim recorded under Section 164 of Cr.P.C., 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.

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