Single judge empowered to release the petitioner on bail in an IPC 376/506 case. The Court considered victim statement and detention period. Bail granted subject to witnesses' safety and appearance conditions.
Petitioner released on bail subject to conditions including securing non-terrorizing of witnesses and personal appearance at hearings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.3929 OF 2021
-versus-
State of Odisha
…. Opposite Party Ms. Samapika Mishra, ASC
CORAM:
MR. JUSTICE D.DASH ORDER
14.09.2021
Order No.
Page 1 of 2
// 2 //
Petitioner in custody and on going through the order passed by the learned Sessions Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that he will not terrorize or threaten the prosecution witnesses; and will appear in person before the Court in seisin of the case on each date of posting of the case.
Narayan
(D. Dash),
Judge.
Page 2 of 2
2 issues framed by the court
Whether the petitioner satisfies the bail conditions specified under Section 439, Cr.P.C.
Whether prior detention in a sexual offence case precludes bail grant under the circumstances present.
2 provisions across 2 enactments
Petitioner
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
