Allowed

Piku @ Sumananta Habadasingh v. State of Odisha

Orissa HC20 May 2022BLAPL/11579/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner in a bail application under Section 439 Cr.P.C. The court noted that no rape offence was made out in the charge sheet and considered the anticipatory bail granted to another accused.

What did the court decide?

Petitioner ordered to be released on bail on furnishing a security of Rs.20,000 with one surety for the same amount.

Piku @ Sumananta Habadasingh Vs State of Odisha — Cheating and Forgery | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 11579 of 2021

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Piku @ Sumananta Habadasingh

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…. Petitioner Mr.B.B.Routray, Advocate

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-Versus-

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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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JUSTICE R.K.PATTANAIK

Order No.

ORDER 20.05.2022

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Banpur P.S. Case No. 336 of 2021 corresponding to G.R. Case No. 301 of 2021 under Section(s) 363/366/376(2)(n)/342/323/506/34 IPC pending in the Court of learned J.M.F.C., Banpur on the grounds stated therein.

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Perused the F.I.R. and impugned order dated 23^rd December, 2021 under Annexure-3.

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4. Gone through the contents of the F.I.R.

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Learned counsel for the petitioner submits that the allegation against the accused is similar to others, who seems to have confined and assaulted the victim, while she was requesting to leave her and considering the fact that another accused, namely, Surya Kanta Jena@ Dipu Jena has been granted anticipatory bail in ABLAPL No. 13074 of 2021 and

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kabita

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that he is in judicial custody since 2^nd October, 2021, should be enlarged on bail with any conditions as deemed just and proper in the facts and circumstances of the case. On the other hand, the learned Additional Standing Counsel for the State submits that the mischief of the petitioner is clearly revealed from the F.I.R. as he and other accused persons besides the principal accused allegedly kidnapped the victim, threatened and assaulted her, while she was being confined.

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It is apprised to the Court that the victim was subsequently rescued which is also revealed from the F.I.R. The learned counsel for the petitioner submits that though a case under Section 376(2)(n) IPC was registered but subsequently, a charge sheet has been filed under Sections(s)368/212/384/ 323/506/34 IPC instead.

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Having regard to the above facts and considering the submissions of the learned counsel appearing for the parties and the fact that no offence of rape was made out, rather, it has been excluded in the charge sheet and that, anticipatory bail was granted to a similarly situated accused, namely, Surya Kanta Jena@ Dipu Jena in ABLAPL No. 13074 of 2021 and taking into account the period of detention which since the month of October, 2021, the Court is of the view that he should be enlarged on bail with conditions and accordingly, it is ordered.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below in seisin over the matter, who shall impose such other conditions, as

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found to be just and proper, in the facts and circumstances of the case.

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The BLAPL is disposed of accordingly.

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An urgent certified copy of the above order be issued as per rules.

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Judge

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kabita

Piku @ Sumananta Habadasingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Piku @ Sumananta Habadasingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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