Allowed

Bidhira Nag v. State of Odisha

Orissa HC17 Aug 2021BLAPL/415/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed an application under Section 439 Cr.P.C. for bail for the petitioner, convicted of offences under Sections 376 and 506 IPC, releasing him on bond with sureties despite the trial court previously rejecting the bail plea.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 50,000 with two solvent sureties for the same amount.

Bidhira Nag Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 415 of 2021

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Bidhira Nag …. Petitioner

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Mr. B.R. Tripathy, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. D.K. Pani Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

17.08.2021

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

¶15

As per order dated 02.08.2021, the learned trial Court has submitted the status report dated 16.08.2021 from which it appears that the Chemical Examination Report has not yet been received and the case is posted to 23.08.2021 for consideration of charge after receipt of the Chemical Examination Report.

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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. in connection with C.T. Case No.08 of 2020 arising out of Ambadola P.S. Case No.82 of 2019 pending in the Court of learned Additional Sessions Judge, Gunupur for offences punishable under sections 376/506 of the Indian Penal Code.

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// 2 //

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The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Gunupur vide order dated 08.12.2020.

¶20

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 15.09.2019 and he has been charge sheeted under sections 376/506 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim placed by the learned counsel for the State, who was aged about twenty one years at the time of occurrence and on going through the medical examination report, I am inclined to release the petitioner on bail.

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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 further conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

¶23

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

RKM

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Bidhira Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bidhira Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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