This judgment refuses bail to an accused charged with rape under Sections 354/376 IPC. The court held that despite the case being committed, bail could not be granted due to the grave nature of the offence and the victim's statement.
Prayer for bail stands rejected and the application is dismissed.
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BLAPL No. 1039 of 2016
11.4.2016 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i
n connection with Krushnaprasad P.S. Case No. 81 of 2013 corresponding to G.R. Case No. 2047 o
f 2013 pending in the Court of learned SDJM, Puri for alleged commission of offences under Sec
tions 354/376 of Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 23.
12.2015 and charge sheet has been submitted under sections 354/376 of Indian Penal Code and th
e case has already been committed to the Court of Session and therefore, the bail application
of the petitioner may be favourably considered.
Learned counsel for the State on the other hand submits that the victim lady is aged a
bout 55 years and she is a Paralysis patient and when the petitioner committed rape, the victi
m opposed and even she requested the petitioner not to commit the crime as he is in age of her
son.
In view of the nature and gravity of the offence and the statement of the victim, I am
not inclined to grant bail to the petitioner.
Accordingly, his prayer for bail stands rejected.
The BLAPL is accordingly dismissed.
S.K.Sahoo, J.
2
2
2 issues framed by the court
Whether bail should be granted to the accused in view of the nature and gravity of the offence of rape under Sections 354/376 IPC.
Whether the fact that the charge sheet has been submitted and the case has been committed to the Session Court is a relevant consideration for granting bail.
2 provisions across 2 enactments
Petitioner
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court