The court rejected an anticipatory bail application (14461 of 2015) filed by an accused in a G.R. case arising from an I.C.C. case. The judge found the allegations serious and a prima facie case made out under Section 376 IPC, as per the victim's statement under Section 164 CrPC.
Anticipatory bail application rejected and disposed of.
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ABLAPL NO.14461 OF 2015
03.12.2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in G.R Case No. 962 of 2015 arising out of I.C.C
. Case No.172 of 2015 pending on the file of learned S.D.J.M.,Baripada registered under Secti
ons 394/323/376/354-A/ 506/34, I.P.C.
It is submitted by the learned counsel for the petitioner that there is civil dispute
between the parties and there is also a counter case alleging similar nature of offences again
st others. It is further submitted that due to dispute between the parties, false allegations
have been made.
Learned counsel for the State placed before the Court the statement of the victim reco
rded under Section 164,Cr.P.C which clearly makes out a prima-facie case under Section 376, I.
P.C.
Considering the alleged nature of offences and materials on record, I do not f
ind it to be a case for granting anticipatory bail. Accordingly, the bail application stands r
ejected.
The ABLAPL is accordingly disposed of.
3
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving offences under Section 376 IPC based on a prima facie case established under Section 164 CrPC.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court