Muna Sahu v. State of Orissa

BLAPL No.8175 of 2016

02. 02.01.2017 Heard learned counsel for the petitioner and t
he learned State Counsel on the application under Section 439 Cr.P.C. for release of the petit
ioner bail who allegedly involved with the offence under Sections 376(1)(294/506/34 of IPC.
 2. Learned counsel for the petitioner submits that the victim is a marrie
d woman and due to a civil dispute, the petitioner has been falsely implicated in this case. H
e further submits that the medical report is also silent about any recent forcible sexual inte
rcourse and in the meantime charge sheet has been submitted for which lenient view may be tak
en to release the petitioner on bail on any condition as deemed just and proper. Learned State
 Counsel 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 fact that the med
ical report is silent about any recent forcible sexual intercourse, fact that due to a civil d
ispute, the petitioner has been falsely implicated in this case, fact that in the meantime cha
rge sheet has been submitted and the fact the petitioner being a local person, there is no cha
nce 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 fo
r the like amount to the satisfaction of the learned S.D.J.M., Keonjhar in G.R Case No.957 of
2016 with the condition that (i) The petitioner shall appear before the court in seisin over t
he matter; (ii) he shall not tamper with the prosecution witnesses directly or indirectly and
(iii) he shall not commit any offence while on bail.
 Violation of any of the aforesaid terms shall entail cancellation of t

he bail.

 Accordingly the BLAPL is disposed of.
 Urgent certified copy of this order be granted on proper application.