Allowed

Damodar@Jamu Bhalu v. State of Orissa

Orissa HC11 Apr 2016BLAPL/1040/2016

Case brief

AI extract

What is this about?

A bail application was filed under Section 439 Cr.P.C. challenging the rejection of a bail plea by the Addl. Sessions Judge. The court considered the medical report indicating no visible injuries and the victim's statement before allowing bail.

What did the court decide?

Petitioner released on bail in BLAPL No.1040 of 2016 on furnishing a bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000.

Heard Mr. Gautam Kumar Behera, on behalf of the learned counsel for the petitioner and the lea rned counsel for the State. This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 1275 of 2015 arising out of Jeypore Mahila P.S. Case No.69 of 2015 pending in the Court of learned S.D.J.M., Jeypore for alleged commission of offences punishable under sections 376(1)/450(I) of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Addl. Session s Judge, Jeypore which was rejected on 04.02.2016. Learned counsel for the petitioner submits that the petitioner is in custody since 25. 12.2015 and in the meantime, after completion of investigation, charge sheet has been submitte d under sections 376(1)/450 of the Indian Penal Code. Learned counsel for the petitioner furth er submits that the victim is a married lady and she is a consenting party and it appears that from her statement that while the petitioner and the victim were in compromising position, th e husband of the victim arrived at the spot for which the case has been foisted. Learned couns el for the petitioner further submits that there is no sign or symptoms on the victim suggesti ng forcible sexual intercourse and therefore taking into account the period of detention of th e petitioner in judicial custody, the bail application of the petitioner may be favourably con sidered.

Learned counsel for the State has produced the case diary and placed the 164 Cr.P.C. s tatement of the victim as well as the medical examination report which indicates that no bodil y injury was noticed suggesting forcible sexual intercourse. Considering the submissions of learned counsels for the respective parties, the nature of accusations against the petitioner, 164 Cr.P.C statement of the victim as well as the medi cal examination report and taking into account the period of detention of the petitioner in ju dicial custody, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond o f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as t he learned Court may deem just and proper. Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

Damodar@Jamu Bhalu v. State of Orissa

Case brief

What is this about?

What did the court decide?

Damodar@Jamu Bhalu v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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