The court granted bail to the petitioner detained in a rape-related assault case arising from an FIR alleging attempt to outrage modesty and sexual assault, considering the period of detention and surrounding circumstances.
Directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court.
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BLAPL No.6219 OF 2018
None appears on behalf of the State. The record in connection with the case has also not been placed.
The petitioner being in custody in connection with G.R. Case No.331 of 2018 arising out of Gurandi P.S. Case No.54 of 2018 pending in the court of learned S.D.J.M., Parlakhemundi running for alleged commission of offence under section 452/323/354-A/506 of IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.
The allegations against the petitioner as per F.I.R. is that he, having entered into the house of the victim, had attempted to outrage of her modesty and on being seriously resisted and threatened, he took to his heels. Perusal of the order passed by the learned Sessions Judge, Gajapati at Paralakhemundi on 21.08.2018 in B.A.No.78 of 2018 shows that the victim further improved her version before the magistrate; to the effect that the petitioner had also sexually assaulted her. The victim does not appear to be an illeterate woman and she has signed in English in the very F.I.R. which further finds mention that she had so stated as regards the attempt by the petitioner to outrage of her modesty before the village gentires on 15.7.2018 more than a week prior to loging of the F.I.R. and that has been written by none other than the husband of the victim.
For all the aforesaid; further taking into account the period of detention of the petitioner in custody and
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other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case. This order be communicated immediately to the person concerned.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Basu
1 issue framed by the court
Whether the petitioner is entitled to bail in a non-bailable criminal case while in custody?
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
