Single judge allowed bail under S. 439 Cr.P.C. to petitioner charged with offences under sections 417 and 376(2)(n) IPC, considering the victim appears to be a consenting party.
Directed petitioner to be released on bail upon furnishing bond of Rs. 20,000 with two solvent local sureties.
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BLAPL No. 536 of 2020
Prakash Chandra Maharana … PETITIONER
03. 21.05.2020
STATE OF ODISHA
... OPP.PARTY
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with Nayapalli P.S.Case No.557 of 2019 corresponding to C.T. Case No.5279 of 2019 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 417, 376(2)(n) of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 3rd Addl. Sessions Judge, Bhubaneswar vide order dated 13.01.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 14.11.2019, charge-sheet has already been submitted under sections 417, 376(2)(n) of the Indian Penal Code and the victim is a married lady aged about 20 years and appears to be a consenting party and on hearing the learned counsel for the State, who placed the statement of the victim and other materials available on record, 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 local sureties each for the like amount to the satisfaction of the learned
Court in seisin over the matter and with further condition that he shall appear before the learned trial Court on each date when the case would be posted for trial.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
2 issues framed by the court
Whether the petitioner should be released on bail in offence u/s 417 and 376(2)(n) IPC.
Whether the petitioner is a consenting party to sexual offence under the IPC.
1 provisions across 1 enactments
Prakash Chandra Maharana
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
