Ashok Kumar Behera vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 144

IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Ashok Kumar Behera – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant : B.P. Mohanty
For the Respondent: S.S. Pradhan

Table of Content
1. details of bail application and allegations. (Para 1 , 2 , 3)
2. court's considerations for granting bail. (Para 4 , 8 , 11)
3. arguments regarding false allegations and victim's character. (Para 5 , 6)
4. bail granted under conditions. (Para 9 , 10)
5. issuance of certifying order. (Para 12)

JUDGMENT :

SAVITRI RATHO, J.

1. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Brahmagiri P.S. Case No. 110 of 2023 corresponding to G.R. Case No. 125 of 2023 pending in the Court of the learned Nyayadhikari, Gram Nyayalaya, Brahmagiri under Sections 376, 506, 379 of IPC.

2. The prayer for bail of the petitioner has been rejected vide order 12.09.2023 passed by the learned 1st Additional Sessions Judge, Puri in B.A. No. 82/806 of 2023.

3. The prosecution allegation in brief is that the victim informant is a house wife and she has a nine year old son. She knows the petitioner who belongs to a nearby village. In the year 2022, in the month of December he had sent her a friend request on facebook and treating her as a sister he was talking with her and was also visiting her in her house. On 20.05.2023, at about 8.00 a.m., when

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