The Supreme Court, hearing a bail application under Section 439 CrPC regarding offences under Sections 458 and 376(2)(f) IPC, declined the State's submissions and granted bail to the petitioner who had been in custody since December 2017.
The petitioner was released on bail on furnishing a bail bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 1381 of 2019
This is an application under Section 439, Cr.P.C. in connection with Bisra P.S.Case No.104 of 2017 corresponding to S.T. Case No.30 of 2018 pending in the file of learned 1st Addl.Sessions Judge, Rourkela for alleged commission of offence under sections 458, 376(2)(f) of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 1st Addl.Sessions Judge, Rourkela vide order dated 06.10.2018.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in custody since 09.12.2017, charge-sheet has been submitted under sections 458, 376(2)(f) of the Indian Penal Code and further submission that trial has not yet commenced and after going through the 164 Cr.P.C. statement of the victim and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
PKSahoo
S.K.Sahoo,J.
1 issue framed by the court
Whether the petitioner should be released on bail in the alleged commission of offences under Sections 458 and 376(2)(f) IPC.
2 provisions across 2 enactments
The Petitioner
The State
S.K. Sahoo
As recorded by the court registry
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