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 376/506 I.P.C.
Learned counsel for the petitioner submits that there was love affair between the vict
im woman and the petitioner and the injury report does not disclose about any forcible sexual
intercourse. He further submits that charge sheet in this case has been submitted, for which l
enient view may be taken to release the petitioner on bail on any condition as deemed just and
proper. Learned Addl. Standing 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 statement of the victim woman r
ecorded under section 161 Cr.P.C. showing about forcible sexual intercourse, but the injury re
port does not disclose about any forcible sexual intercourse, fact that charge sheet has been
submitted and that the petitioner being a local person there is no chance of his absconding or
influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of
Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the
satisfaction of the learned Assistant Sessions Judge (Special Track), Puri in S.T. Case No.27
/215 of 2016 with the conditions that (i) The petitioner shall appear before the court in seis
in over the matter on each date of posting; (ii) he shall not tamper with the prosecution witn
esses directly or indirectly; and (iii) he shall not commit any offence while on bail.
