Sarat Tiria v. State of Odisha
Case brief
What is this about?
Single judge granted bail to the petitioner in BLAPL No.9358 of 2019, who was in custody since September 2019, for offences under Section 376(2)(n) and 417 IPC.
What did the court decide?
Release of petitioner on bail upon submission of the statement of the victim recorded under Sec.164 Cr.P.C. in connection with Case No.120/2019.
What the court decided
BLAPL No.9358 of 2019
- 22.01.2020 This is an application under Sec.439 Cr.P.C. for bail and the offence alleged are under Sec.376(2)(n)/417/313/506, I.P.C.
Heard learned counsel for the petitioner as well as
learned A.S.C. for the State-opposite party.
It is submitted on behalf of the petitioner that the petitioner is inside custody since 26.9.2019. He further submits that in the meantime the investigation being completed, chargesheet has been submitted for the commission of offence under Secs.376(2)(n) and 417, I.P.C. He also submits that the physical relationship being on the consent, the petitioner may be released on bail.
Considering the statement of the victim as recorded under Sec.164, Cr.P.C. wherein she has stated that the petitioner had relationship with her on the promise of marriage, it is directed to release the petitioner on bail in connection with Champua P.S. Case No.120/2019 corresponding to G.R. Case No.261/2019 on such terms and conditions to be fixed by the learned S.D.J.M., Champua as he deems just and proper.
BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
BKB
Issues for consideration
2 issues framed by the court
Whether the petitioner should be released on bail in an application under Sec.439 Cr.P.C. for offences under Sec.376(2)(n)/417/313/506 I.P.C.
Whether consent in the alleged physical relationship is a factor for granting bail.
Parties & counsel
- petitioner
Petitioner
- respondent
State-opposite party
Coram
BKB
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court