03. 05.01.2017 Heard learned counsel for the petitioner, the
learned State Counsel and Mr.S.P.Mishra and associates, who has entered appearance in Court to
day on behalf of the informant by vakalatnama on the application under Section 439 Cr.P.C. for
release of the petitioner bail who allegedly involved with the offence under Sections 376/354
(D)/384/506 of the IPC. The vakalatnama filed today is taken on record.
2. Learned counsel for the petitioner submits that the entire allegations
in the FIR and in the statement of the victim are concocted because the allegations were pert
aining to March, 2015 whereas the FIR was lodge one year after on 17.3.2016. He further submit
s that the medical report does not disclose any sign or symptom of any recent forcible sexual
intercourse and in the meantime charge sheet has been submitted for which lenient view may be
taken to release the petitioner on bail on any condition as deemed just and proper. Learned S
tate Counsel as well learned counsel for the informant opposes the prayer for bail.
3. Considering the submissions of learned counsel for the respective parti
es regard being had to the facts and circumstances of the case including the statement of the
victim, FIR and other statement showing a case under Section 354(D), which is bailable in natu
re, fact that commission of rape being alleged but the injury report being silent about any re
cent forcible sexual intercourse, fact that the victim being a married woman, fact that in the
meantime charge sheet has been submitted and the fact that the petitioner, being a local, per
sons there is no chance of his absconding or tampering with the prosecution witness, let the p
etitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand)
with two solvent local sureties each for the like amount to the satisfaction of the learned S.
D.J.M., Bolangir in G.R. Case No.197 of 2016 with the condition that (1) The petitioner shall
appear before the court in seisin over the matter on each date of posting (ii) he shall not ta
mper or threaten with the prosecution witnesses directly or indirectly and (iii) he shall not
commit any offence while on bail.
