An application under Section 439 Cr.P.C. intending bail for a petitioner charged under IPC 376(2)(n)/313/420. Granting bail after incumbent counsel submitted his detention and victim's statement indicated relationship dynamics.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties each for the like amount.
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BLAPL No. 7 of 2020
Ajay Mohanta ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Raruan P.S. Case No.76 of 2016 corresponding to G.R. Case No. 547 of 2016 pending in the Court of learned S.D.J.M., Karanjia for alleged commission of offences under sections 376(2)(n)/313/420 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Karanjia by order dated 20.12.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 22.11.2019 and he has been charge sheeted under sections 376(2)(n)/313/420 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim who is aged about twenty years and stated about her love affairs with the petitioner and continuous physical relationship with the victim on assurance of marriage by him and becoming pregnant on three occasions and then aborted pregnancy, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing 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.
…………………..……
S.K. Sahoo, J.
P
2 issues framed by the court
Whether to grant bail to the petitioner charged under IPC 376(2)(n)/313/420.
Whether the petitioner's detention without bail is justifiable under the circumstances.
2 provisions across 2 enactments
Ajay Mohanta
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
