Bail application rejected by Sessions Court quashed granting release of petitioner on bail in an offence under Sections 376 and 457 IPC as investigation progressed.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties each for the same amount.
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BLAPL No. 2640 of 2019
02. 09.04.2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439, Cr.P.C. in connection with Ambadola P.S. Case No.17 of 2019 corresponding to G.R. Case No. 65 of 2019 pending in the file of learned J.M.F.C., Bissam Cuttack for alleged commission of offences under sections 376 and 457 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Gunupur vide order dated 11.03.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 19.02.2019, investigation has made substantial progress, after going through the 164 Cr.P.C. statement of the victim and after hearing 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.
RKM
S.K.Sahoo,J.
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under sections 376 and 457 IPC where the victim has given statement.
Whether the fact that investigation has made substantial progress and the petitioner has been in judicial custody warrants granting bail.
3 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
