Allowed

Dhananjay Kousalya v. State of Orissa

Orissa HC4 Jan 2017BLAPL/7720/2016

Case brief

AI extract

What is this about?

Single Judge released the petitioner on bail furnishing a bond of Rs. 50,000 with two sureties in a case involving offences under IPC 363/376 read with POCSO Act, noting the love affair and victim's refusal for examination, imposing conditions for investigation appearance and non-tampering.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 50,000 with two sureties for the same amount, subject to specific conditions of reporting every Sunday and non-interference.

Heard learned counsel for the petitioner and learned counsel for the informant and lea rned Addl. Standing Counsel on the application under section 439 Cr.P.C. for release of the pe titioner on bail who allegedly involved for the offence under Sections 363/376 I.P.C. read wit h sections 4 and 6 of POCSO Act.

Learned counsel for the petitioner submits that there is love affair between the petit ioner and the victim and the victim refused to be examined by the doctor giving rise to suffic ient suspicion about the case of the prosecution. He further submits that the petitioner is a local person and there is no chance of his absconding of tampering with the prosecution eviden ce, for which lenient view may be taken to release the petitioner on bail on any condition as deemed just and proper. Learned State Counsel opposes the prayer for bail.

Considering the submissions of learned counsel for the respective parties, regard bein g had to the facts and circumstances of the case including the fact that there was love affair between the petitioner and the victim and the victim refused to be examined by the doctor to support her case and that the petitioner being a local person there is no chance of his abscon ding or influencing the witnesses, let the petitioner be released on bail on furnishing bail b ond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Sessions Judge-cum-Special Judge, Rayagada in C.T. Case No .146 of 2016 with the conditions that (i)The petitioner shall appear before the Investigating Officer on each Sunday at 10:00 AM for investigation till submission of F.F.; (ii) he shall no t tamper with

Dhananjay Kousalya v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dhananjay Kousalya 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

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Parties & counsel

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