Decided on March 31,2021

Rinku Pradhan Appellant


S.K. Panigrahi,J. - (1.) The petitioner has filed the instant application under Section 439 of Cr. P.C. seeking bail in connection with Chandaka P.S. Case No.76 of 2020 corresponding to G.R. Case No.306 of 2020 pending in the Court of the learned Judicial Magistrate First Class (O), Bhubaneswar. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 376(1)/313/294/506 of the Indian Penal Code and Sections 66(E) and 67(A) of the Information Technology (Amendment) Act, 2008.
(2.) The case of the prosecution is that the petitioner met the complainant in the house of the latter's relative and thereafter contacted her over phone and lured her to fall in love with him. Thereby they developed a romantic relationship and the petitioner kept physical relationship with her promising her to marry. Due to physical relationship, the complainant became pregnant twice, which the petitioner aborted by giving medicine to her. On 22.01.2020, the complainant asked the petitioner to marry her, but he denied and thereafter the family members of the complainant contacted petitioner's family members to get their consent for such marriage. However, they denied the marriage proposal as well. Having no alternative, the complainant's family fixed her marriage elsewhere. However, on 26.04.2020, the petitioner posted personal photographs of the complainant along with him using fake Facebook IDs created in her name and used a caption stating that the character of the complainant is not good. The petitioner further mentioned that the complainant had relationship with him but was marrying someone else. As a result of this, the complainant's marriage was broken and she was defamed in the society. Additionally, the petitioner has threatened to viral the obscene photographs in the Facebook and also threatened to kidnap her and kill her. Thereafter, the complainant lodged an FIR and the accused was forwarded on 27.06.2020.
(3.) Heard Mr. N. Mishra, learned counsel appearing for the petitioner, Mr. S.S. Pradhan, learned Additional Standing Counsel for the State and Mr. T.K. Mohanty, learned counsel appearing for the informant and perused the case records.;

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