Court allowed bail application of petitioner accused of sexual offences under IPC sections 366-A and 376. Bail granted conditioned on furnishing bond with sureties, not tampering evidence, and appearing in court dates.
Petitioner released on bail on furnishing Rs.50,000 bond with two local solvent sureties.
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BLAPL No.9270 of 2020
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Pattamundai P.S. Case No.391 of 2020 corresponding to G.R. Case No.391 of 2020 pending in the file of learned J.M.F.C., Pattamundai for alleged commission of offences under sections 366-A/ 376(2)(i)(n) of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Assistant Sessions Judge, Pattamundai vide order dated 15.12.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 25.11.2020 and charge sheet has been submitted under sections 366-A/376(2)(i)(n) of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim, who was aged about twenty seven years at the time of occurrence and on hearing the learned counsel for the informant as well as learned counsel for the State, 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 further conditions as the learned Court may deem just and proper with further conditions that the petitioner shall not try to tamper with the prosecution evidence and shall appear before the learned trial Court on each date when the case would be fixed for trial.
Violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner in custody for sexual offences under IPC sections 366-A and 376(2)(i)(n) should be granted bail.
Whether the accused can be released on bail despite the offence involving a minor victim.
4 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
