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Orissa High Court

Riku Sahu vs State Of Odisha .... Opposite Party on 10 August, 2021

Author: D.Dash

Bench: D.Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ABLAPL NO.7409 OF 2021
            Riku Sahu                                   ....            Petitioner
                                               Mr. Satyabrata Panda, Advocate

                                            -versus-
            State of Odisha                             ....      Opposite Party
                                                     Mr. Tapas Ku. Praharaj, SC.

                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

10.08.2021 Order No.

02. 1. This matter is taken up by hybrid arranged (virtual/physical) mode.

2. This is the second journey of the Petitioner in filing this application under section 438 of the Cr.P.C. for his grant of bail in the event of his arrest in connection with Bijepur P.S. No.39 of 2018 corresponding to C.T. Case No.18 of 2018 on the file of learned Special Judge, Padampur for alleged commission of offence under section 366/376 of the IPC read with Section-3(1)(r)(s)/3(2)(va) SC & ST (PoA) Act, for his release on bail.

3. Learned counsel for the Petitioner submits that the victim in the meantime having married, the same is the changed circumstance for reconsideration of the prayer for grant of anticipatory bail to the Petitioner by appropriate modification of order dated 02.12.2020 passed by this Court in ABLAPL No.5842 of 202. Learned counsel for the State submits that the said fact even if appears to be true, the same is of no legal significance and should not be taken as the change in the circumstance.

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4. Considering the submissions made, being not inclined to reconsider the prayer for grant of bail by modification of order dated 02.12.2020 passed in ABLAPL No.5842 of 2020. The Petitioner may so contend before the learned Court below in the move in terms of earlier order, if so advised.

5. The ABLAPL is accordingly disposed of.

6. Issue urgent certified copy as per rules.

(D. Dash), Judge.

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