Allowed

Gandhi Dalei v. State of Odisha

Orissa HC2 Nov 2021BLAPL/3752/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the petitioner's bail application for offense under Section 376(D) IPC. Considering the victim's Section 164 statement against another accused, the petitioner's detention period, and filed charge sheet, bail was granted with conditions prohibiting victim terrorization and witness influence.

What did the court decide?

Petitioner to be released on bail by furnishing a bond of Rs.40,000 with one solvent surety for the like amount, subject to conditions.

Gandhi Dalei Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3752 of 2021

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Gandhi Dalei

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…. Petitioner

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Mr. Nalini Kanta Nayak, Advocate

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State of Odisha

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…. Opposite Party Mr. P.K. Mohanty, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK ORDER

Order

No.

02.11.2021

Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under Section 439 of Cr.P.C for grant of bail to the petitioner in connection with Kumbharapada P.S. Case No.66 of 2021 corresponding to G.R. Case No.859 of 2021 pending in the court of learned S.D.J.M., Puri for commission of an offence punishable under Section 376(D) of the IPC.

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Perused the impugned order dated 20.04.2021.

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In fact the FIR was lodged by the victim complainant alleging that on 10.03.2021 at about 8 PM, he reached at Puri bus stand and asked a local shopkeeper about the location of Atharanala and at that time, the accused persons arrived and took her to a hotel in a motor cycle, where, the accused, namely, Hrudananda Harichandan committed rape on her.

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Learned counsel for the petitioner submits that there is no allegation of rape against the accused in view of the statement of

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victim under Section 164 of Cr.P.C and considering the same, the petitioner should be enlarged on bail, if any condition.

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Learned counsel for the State admitted that though the victim alleged rape against the petitioner and the other accused in her statement before the police recorded under Section 161 of Cr.P.C, but no such allegation was made before the Magistrate who recorded her statement under Section 164 of Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner is in custody since 14.03.2021. Considering the above submissions and having regard to the fact that the other accused is alleged of rape, which is admitted by the learned counsel for the State for having been stated by the victim under Section 164 of Cr.P.C and also period of detention besides the fact that charge sheet is filed, the Court is inclined to grant bail to the petitioner.

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In the result, the petition for bail stands allowed. Accordingly, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/-(Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the court in seisin over of the matter with conditions that he shall not terrorize the victim complainant; and shall not influence the material witnesses, in any manner whatsoever, while on bail.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

TUDU

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Gandhi Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gandhi Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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