Single judge allowed bail application for petitioner arrested for rape-related offences. Granted release on furnishing bond and sureties despite judicial custody.
Petitioner released on bail on furnishing bond of Rs.20,000 with two solvent sureties for same amount.
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BLAPL No. 3066 of 2020
Jitu Pradhan @ Jitendra Pradhan ……. 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 G.R. Case No.29 of 2020 arising out of Chatrapur P.S. Case No.13 of 2020 pending in the Court of learned S.D.J.M., Chatrapur for offences punishable under sections 376(1)(354/354-C/506 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Chatrapur which was rejected on 16.04.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 27.01.2020 and he has been charge sheeted under sections 376(1)(354/354-C/506 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim who is aged about nineteen years produced by the learned counsel for the State and other materials available on record and on hearing the 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 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.
sisir
…………………..…… S.K. Sahoo, J.
2 issues framed by the court
Whether the petitioner should be released on bail given judicial custody status and victim statement.
Whether the bail application should be allowed on furnishing of bail bond and sureties.
2 provisions across 2 enactments
Jitu Pradhan
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
