Single judge held bail not inclined to be granted to accused in rape case due to nature of offence and corroborated victim statement, dismissing bail application.
Prayer for bail stands rejected; BLAPL dismissed.
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.
11BLAPL No.4.2016 1148 of 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 peti
tioner in connection with Pipili P.S. Case No. 535 of 2015 corresponding to G.R.Case No. 761 o
f 2015 pending in the Court of learned JMFC, Pipili for alleged commission of offences under S
ections 376/ 324 of Indian Penal Code.
Perused the 164 Cr.P.C. statement of the victim who is aged about 75 years and
the medical examination report which clearly corroborates the allegations which has been leve
lled by the victim.
In view of the nature and gravity of the offence and the statement of the vict
im, 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 to the petitioner in a rape case should be granted.
Whether the 164 statement and medical report indicating corroboration of allegations precludes 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