Allowed

Bansidhar Nayak v. State of Orissa

Orissa HC19 Apr 2016BLAPL/286/2016

Case brief

AI extract

What is this about?

The High Court considered an application under Section 439 Cr.P.C. for bail in a case involving allegations of rape and cheating under the SC/ST Act. Rejecting the State's opposition regarding the seriousness of the charges and considering the victim's consent, the court granted bail with a bond of Rs.20,000 and two sureties.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs.20,000 with two solvent sureties each for the like amount.

Heard learned counsel for the petitioner and the learned counsel for the State. This is an application under Section 439 Cr.P.C. in connection with C.T. Case No. 156 of 2014 arising out of Koraput(S) P.S. Case No.29 of 2014 pending in the Court of learned Addl . Sessions Judge-cum-Special Judge, Koraput for alleged commission of offences punishable unde r sections 376/506 of the Indian Penal Code read with section 3(2)(v) of the SC & ST (PA) Act.

The petitioner moved an application for bail before the Court of learned Addl. Session s Judge, Koraput which was rejected on 03.11.2015. Learned counsel for the petitioner submits that the petitioner is in custody since 13. 06.2014 and in the meantime, after completion of investigation, charge sheet has been submitte d and the case has already been committed in the Court of Session and victim has been examined as P.W.3. It is the contention of the learned counsel for the petitioner that the victim is a married lady and as it appears that she is a consenting party and she was spotted with petiti oner in a compromising position by her husband for which the case has been foisted. He files d eposition copies of the witnesses which are taken on record. Learned counsel for the State has produced the case diary and opposed the prayer for b ail.

petitioner, statement of the victim during trial and taking into account the period of detenti on of the petitioner in judicial 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.

Bansidhar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bansidhar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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Case details

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