BLAPL/8334/2020
2021 Latest Caselaw 1243 Ori

                                    BLAPL NO.8334 OF 2020




04. 03.02.2021:     The matter is taken up through video conferencing mode.

                      The Petitioner having been granted interim bail by order
                  dated 07.12.2020 has surrendered in the court below on
                  14.01.2021. The certified copy of the order sheet on that score
                  being filed in Court today is taken on record.

                    The Petitioner being in custody in connection with G.R. Case
                  No.432 of 2019 corresponding to Patnagarh P.S. Case No.134
                  of 2019 on the file of learned S.D.J.M., Patnagarh running for
                  alleged commission of offence under sections 376(2)(n)/
                  417/294/323/506 IPC has filed this application under section
                  439 of the Cr.P.C. for his release on bail.

                      It is the case of the prosecution in the FIR that the
                  Petitioner promising to marry the victim established sexual
                  relationship with her and continued with the same for few
                  months whereafter when she became pregnant disowning all his
                  liability and responsibility. The victim in the FIR has also
                  alleged that two days prior to the lodging of the FIR the
                  Petitioner had severely assaulted her. It is the version of the
                  victim that the Petitioner promising to marry her had the sexual
                  relationship and when she became pregnant, from the
                  petitioner's conduct is came to known that he had practised
                  fraud upon her.

                    Heard learned counsel for the Petitioner and learned counsel
                  for the State.
                               // 2 //




        Considering the submissions made and keeping in view the
      nature of accusations against the Petitioner as those emanate
      from the materials on record including the surrounding
      circumstances, at this stage, I am not inclined to grant bail to
      the Petitioner.

         Liberty is however given to the Petitioner to renew his
      prayer for grant of bail before the learned trial court after
      examination of the victim.

        Accordingly, the BLAPL stands disposed of.

        As the restrictions due to the COVID-19 situation are
      continuing, learned counsel for the parties may utilize a soft
      copy of this order/judgment available in the High Court's
      website or print out thereof at par with certified copy in the
      manner prescribed, vide Court's Notice No.4587 dated 25th
      March, 2020.

                                              .......................
                                               D. Dash, J.

Aks