The High Court granted bail to the petitioner in a rape case, noting the victim's consensual statements and his judicial custody status, releasing him on a bond of Rs. 20,000.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 2382 of 2020
Pratap Kumar Mohanty … Petitioner -VersusState of Odisha … Opp. party
Heard 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 G.R. Case No.2612 of 2019 arising out of Kumbharpada P.S. Case No.314 of 2019 pending in the Court of learned S.D.J.M., Puri for offences punishable under section 376(2)(n) of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Puri which was rejected on 19.02.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 19.12.2019 and the victim, who is aged about nineteen years, is a consenting party and from her statement, it appears that the victim moved with the petitioner from place to place and stayed in different hotels and kept physical relationship with the petitioner and charge sheet has already been submitted under section 372(2)(n) of the Indian Penal Code and on hearing the learned counsel for the State, who placed the 164 Cr.P.C. statement of the victim, 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.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
…………………..…… S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving rape under Section 376(2)(n) IPC considering the victim's statement and consent.
1 provisions across 1 enactments
Pratap Kumar Mohanty
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
