The Single Judge rejected the petitioner's application for anticipatory bail in a G.R. case involving alleged rape and other sexual offences, holding that the nature of the offences precluded the benefit.
Application for anticipatory bail rejected. Direction to lower courts to dispose of future bail application on surrender within the same day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.10867 of 2016
26.08.2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in G.R. Case No.1136 of 2016 on the file of learned S.D.J.M
., Bhadrak registered under Sections 344/366/323/294/328/376/379/506, I.P.C.
It has been alleged that the petitioner assuring to marry the victim took her to differe
nt places and cohabitated against her will but subsequently left the victim. The statement of
the victim recorded under Section 164. Cr.P.C. placed on behalf of the State before the Court.
It was submitted on behalf of the petitioner that the victim was a consenting party and
that the story as alleged is not believable.
Considering the alleged nature of offences, I am not inclined to extend the benefit of a
nticipatory bail. Accordingly, the bail application stands rejected.
However, it is directed that on the event of the petitioner surrendering before the cour
ts below in G.R. Case No.1136 of 2016 and moving bail application, both the learned courts bel
ow would do well to dispose of the same according to law in course of the day.
The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
JB
2
1 issue framed by the court
Whether anticipatory bail can be granted to the accused in a G.R. case alleging rape and other offences.
Petitioner
State
JB
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court