High CourtsSingle Bench

Nepal Deep vs State Of Orissa

Orissa High Court · Decided on 12 October 2022 · Citation: (2022) 10 OHC CK 0041

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376(l), 506
RESULT
Dismissed
CASE NUMBER
Bail Application No. 3307 Of 2020
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Judgment

8 paragraphs · 203 words

B. P. Routray, J

1.The matter is taken up through hybrid mode.

2.

Heard Mr. A.K. Jena, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel.

3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Nepal Deep in connection with Mathili P.S. Case No.172 of 2019 corresponding to G.R. Case No.832 of 2019 pending in the court of learned S.D.J.M., Malkangiri for alleged commission of offence under Sections 376(l)/506 of the Indian Penal Code.

4.

Earlier this court by order dated 12th February, 2020 passed in BLAPL No.825 of 2020 rejected the prayer for bail of the Petitioner considering the statement of the victim under Section 164 Cr.P.C.

5.

It is submitted by the Petitioner that the victim has been examined in course of trial in the meantime. But learned counsel for the Petitioner expresses his inability to produce copy of her deposition. In such situation, looking to her statement recorded under section 164 of the Cr.P.C., no merit is seen in the prayer of the petitioner to release him on bail differing earlier order of this court.

6.

Accordingly the prayer for bail is rejected and the BLAPL is dismissed.

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