This is a bail application under Cr.P.C. 439 arising from arrest for offences including rape under IPC 376. The Single Judge allowed bail after considering the petitioner's detention period and victim statement, directing surrender of bail bond.
Petitioner released on bail by furnishing bond of Rs.50,000 with two local solvent sureties satisfying the Court.
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BLAPL No.205 of 2021
Trinath Gouda
… Petitioner
-Versus-
State of Odisha
... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Umerkote P.S. Case No.286 of 2020 corresponding to G.R. Case No. 560 of 2020 pending in the file of learned J.M.F.C., Umerkote for alleged commission of offences under sections 450, 376(2)(n), 204 and 506 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Asst. Sessions Judge, Umerkote vide order dated 06.01.2021.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 15.12.2020, charge sheet has already been submitted under sections 450, 376(2)(n), 204 and 506 of the Indian Penal Code, the incident alleged to have taken place on 22.08.2020 and the F.I.R. was lodged on 16.11.2020 and after going through the 164 Cr.P.C. statement of the victim, who is a married lady placed by the learned counsel for the State and taking into account the period of detention of the
petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such other 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.
PKSahoo
1 issue framed by the court
Whether the petitioner should be released on bail after having been in judicial custody for fifteen days and considering the period of detention and the statement of the victim.
2 provisions across 2 enactments
Trinath Gouda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
