Budhiram Nayak@Sukanta Nayak v. State of Odisha
Case brief
What is this about?
Application for bail under Section 439 Cr.P.C. rejected in a case of rape followed by suicide of the deceased girl, considering the gravity of accusations and post-mortem findings.
What did the court decide?
Application for bail under Section 439 Cr.P.C. is rejected.
What the court decided
A compact analysis
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BLAPL No.410 of 2019
- 02.07.2019 Heard the learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Special Case No.282 of 2018 arising out of Simulia P.S. Case No.249 of 2018 pending in the Court of learned Additional Sessions Judge-cum- Special Judge, Balasore for offences punishable under sections 376/306/201/34 of the Indian Penal Code and section 4 of POCSO Act.
The petitioner moved an application for bail before the learned Additional Sessions Judge-cum- Special Judge, Balasore which was rejected on 12.12.2018.
Considering the statement of Subhasini Ram, the mother of the deceased Jayanti Ram who was aged about fifteen years and disclosed about the commission of rape on her by the petitioner and the consequential material available on record to show that on account of such commission of rape, the deceased committed suicide and as per the post mortem report, it is the case of ante mortem hanging and charge sheet has been submitted under sections 376/306/201/34 of the Indian Penal Code and section 4 of POCSO Act and further taking into account the nature and gravity of the accusations, I am not inclined to release the petitioner on bail.
Accordingly, the BLAPL stands rejected.
………………….. S. K. Sahoo, J.
sisir
Issues for consideration
2 issues framed by the court
Whether the petitioner is eligible for bail in a case involving rape and suicide under sections 376 and 306 IPC.
Whether the nature and gravity of the accusations preclude release on bail.
Parties & counsel
- petitioner
Petitioner
- respondent
State
Coram
S. K. Sahoo
Case details
As recorded by the court registry
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