B. P. Routray, J
1.The matter is taken up through hybrid mode.
2. Heard Mr. A.K. Jena, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel.
3. This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Nepal Deep in connection with Mathili P.S. Case No.172 of 2019
corresponding to G.R. Case No.832 of 2019 pending in the court of learned S.D.J.M., Malkangiri for alleged commission of offence under Sections
376(l)/506 of the Indian Penal Code.
4. Earlier this court by order dated 12th February, 2020 passed in BLAPL No.825 of 2020 rejected the prayer for bail of the Petitioner considering the
statement of the victim under Section 164 Cr.P.C.
5. It is submitted by the Petitioner that the victim has been examined in course of trial in the meantime. But learned counsel for the Petitioner
expresses his inability to produce copy of her deposition. In such situation, looking to her statement recorded under section 164 of the Cr.P.C., no
merit is seen in the prayer of the petitioner to release him on bail differing earlier order of this court.
6. Accordingly the prayer for bail is rejected and the BLAPL is dismissed.
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