The Single Judge Court rejected an application for anticipatory bail filed by a husband apprehending arrest. The court held that the serious nature of allegations involving gang rape warranted denial of bail in the interest of justice.
Application for anticipatory bail rejected; petitioner directed not to be released on bail pending further proceedings.
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. 2644 of 2015
18.08.2015 Heard learned counsel for the petitioner, learned Addl. Government Advocate and the lea
rned counsel appearing for the informant.
2. The petitioner, who happens to be the husband of the informant, is apprehending arrest
for the alleged commission of offences under Sections 376-D, 328, 506 and 342/34 of the I.P.C
. and Section 25 of the Arms Act in G.R. Case No. 534 of 2015 of the Court of S.D.J.M., Bhuban
eswar, arising out of Bhubaneswar Mahila P.S. Case No.57 of 2015.
3. It is alleged by the informant that while she was sleeping in her room, the husband of
the informant and two others entered to her room and committed gang rape. Thereafter, she was
taken to another place and kept there till 6th of February, 2015. She escaped and went to the
Sahidnagar Police station and from there she was taken to Bhubaneswar Mahila Police Station,
where she lodged the F.I.R.
4. Keeping in view the statement of the victim lady, which clearly indicates an offence u
nder Section 376-D of the I.P.C. against the petitioner, this Court is of the opinion that ant
icipatory bail should not be granted to him. It is directed that keeping in view the nature of
allegation, gravity of the offence and greater and larger interest of the State and Society,
the application for anticipatory bail is rejected.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application. . S.K.Mishra,J.
3
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for commission of gender-related offences including gang rape.
2 provisions across 2 enactments
Petitioner
Informant
S.K.Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court