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Sunil Naik @ Pradhan @ Muna vs State Of Odisha

Orissa High Court · Decided on 12 May 2023 · Citation: (2023) 05 OHC CK 0206

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 354A, 354C, 376(1), 420, 506, 509 · Information Technology Act, 2000 — Section 66E, 67
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4057 Of 2023
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Judgment

10 paragraphs · 344 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 225 of 2023 arising out of Talcher Case No. 123 of 2023 pending in the file of learned SDJM, Talcher for commission of offences punishable Under Sections 420/294/354-A/354-C/506/509/376(1) of IPC r/w Sections- 66-E and 67 of IT Act, on the main allegation of sexually exploiting the victim by taking her nude photographs and forcing her to keep physical relationship with him by way of threatening to get the nude photographs viraled.

3.

In the course of hearing of the bail application, Ms. A. Hota, learned counsel for the Petitioner submits that all the allegations leveled against the Petitioner are false and baseless, rather the Petitioner has been falsely implicated in this case and there is nothing on record to implicate the present Petitioner. It is further submitted that initially the FIR was registered against the Petitioner for other offences, but not for offence U/S. 376 of IPC, and later on the Petitioner was charge-sheeted for such offences and the Petitioner is in jail custody since 01.03.2023. On these grounds, learned counsel for the Petitioner prays to grant him bail.

4.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, by placing the statement of the victim opposes the bail application of the Petitioner.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of commission of offence and on going through the statement of the victim, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected. However, the Petitioner is at liberty to renew his prayer for bail after consideration of charge against him.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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