High CourtsSingle Bench

Panchanana Das @ Behera Vs State Of Odisha

Orissa High Court · Decided on 12 January 2024 · Citation: (2024) 01 OHC CK 0122

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 323, 341, 342, 376(2)(n), 452, 500, 506
RESULT
Dismissed
CASE NUMBER
Bail Application No. 165 Of 2024
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Judgment

9 paragraphs · 188 words

Savitri Ratho, J

1.

This application under Section 439 Cr.P.C. has been filed in connection with Rambha P.S. Case No.739 of 2023 corresponding to G.R. Case No. 1952 of 2023, pending in the file of the learned J.M.F.C., Khallikote under Sections 376(2)(n), 341, 342, 452, 323, 500, 506 of IPC.

2.

The prayer for bail of the petitioner had been rejected vide order dated 20.12.2023 passed by the learned Addl. Sessions Judge, Khallikote in Bail Application No.533 of 2023.

3.

Ms.B.L.Bal, learned counsel for the petitioner submits that the petitioner is in custody since 27.10.2023 and it is a case of consent as the petitioner and victim were known to each other, but false allegations have been made against the petitioner by the victim.

4.

Considering the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail at this stage.

5.

The BLAPL is accordingly dismissed.

6.

It is open for the petitioner to move for bail afresh after examination of the victim and her brother in the trial.

7.

Urgent certified copy of this order be granted as per rules.

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