Trinatha Sahu Vs State of Odisha

Instant petition is filed for release of the petitioner on bail in connection with S.T. Case No.177 of 2024 arising out of Hinjilicut P.S. Case No.604 of 2024 pending in the file of learned Additional Sessions Judge, Chatrapur on the grounds stated therein.

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Perused the FIR and the rejection order as at Annexures-1 and 3 respectively.

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In course of hearing, learned counsel for the petitioner submits that the petitioner is a mason and known to the victim and in connection with a hand loan, he having received and for a subsequent incident, the FIR was lodged. It is alleged that the petitioner committed rape on the victim. According to learned counsel appearing for the petitioner, there is no specific date revealed as to when the victim was subjected to sexual mischief. The petitioner is in custody from 11^th July, 2024. As per the FIR, the petitioner said to have received an amount of Rs.50,000/- from the informant, who is a married lady and on the pretext of refund of the same, such mischief was committed. The petitioner is also alleged of having kept physical relationship with the victim against

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her wish and on assurance of their marriage in future. Perused the statement of the victim recorded under Section 180 BNS. As it appears, the petitioner continued to keep relationship with the informant. Such relationship, as according to the informant, was without her consent. The statements of the other witnesses recorded under Section 180 BNS are gone through. Considering the circumstances leading to the lodging of the FIR and the allegations against the petitioner about him having received an amount of Rs.50,000/- from the victim and in the meantime, as the chargesheet is filed with the closure of investigation, the Court considering all such materials, is inclined to grant him bail with following conditions.

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5. Accordingly, it is ordered.

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In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with S.T. Case No.177 of 2024 arising out of Hinjilicut P.S. Case No.604 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Chatrapur, who shall impose such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm or commit further mischief involving the informant victim in any manner, whatsoever, after being released and to refund an amount of Rs.30,000/- to be received by her at the time of release and also to furnish an undertaking not to cause any injury or harm to the informant, while on bail.

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Signature Not Verified7. Urgent certified copy of this order be granted as per rules.

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: AuthenticationLocation: OHC, CTC (R.K. Pattanaik) Date: 05-Mar-2025 19:24:45 Judge

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Rojina

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Trinatha Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Trinatha Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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