This order dismissed two bail applications filed by accused persons charged with offences under Sections 363/376/511/506/34 IPC. The High Court rejected the plea that lack of supporting material warranted release, holding that the gravity of the accusation precluded bail pending the victim's examination.
Both bail applications stand dismissed
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BLAPL No. 384 of 2019
BLAPL No. 384 of 2019 & BLAPL No.406 of 2019
Since both the bail applications under section 439 Cr.P.C. arise out of the same case i.e. Attabira P.S. Case No.242 of 2018 corresponding to C.T. Case No.243 of 2018 pending on the file of learned Nyadhikari, Gramya Nyayalaya for offences punishable under sections 363/376/511/506/34 of the Indian Penal Code, with the consent of the parties, those are heard analogously and disposed of by this common order.
It is stated by the learned counsel for the petitioners that though the victim has stated about the occurrence but there is no supporting material to that effect and the petitioners are in custody since November 2018 and therefore, the bail applications of the petitioners may be favourably considered.
Learned counsel for the State has produced the case diary and placed the 164 Cr.P.C. statement of the victim who has narrated in what manner the occurrence has taken place and how the accused persons committed different overt act.
In view of the available materials on record and the nature and gravity of the accusation, I am not inclined to release the petitioners on bail.
Accordingly, the both the bail applications stand
dismissed.
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The petitioners may renew their prayer for bail after the examination of the victim in the learned trial Court. Urgent certified copy of this order be granted on proper application.
S. K. Sahoo, J.
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sisir
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1 issue framed by the court
Whether bail ought to be granted to accused persons charged with offences under Sections 363/376/511/506/34 IPC despite the absence of specific supporting material in the case diary.
2 provisions across 2 enactments
Petitioners
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
