Application for bail under Section 439 Cr.P.C. in a rape and abetment case rejected based on the gravity of the offence and lack of victim examination, despite medical testimony contradicting prosecution claim.
The prayer for bail of the petitioner stands rejected.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9971 of 2021
Ulla @ Lalu Behera
…. Petitioner Mr. S.K. Jena , Advocate
-versus-
State of Odisha
…. Opp. Party Mr. P.K. Pattanaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 30.09.2022
// 2 //
nature of allegations raised against the petitioner by the victim and taking into consideration the specific allegation levelled by the victim against the petitioner in her statements and more particularly when the victim has not yet been examined in this case although trial is stated to have commenced since 11.08.2022 and taking into other circumstances on record, this Court is not inclined to grant bail to the petitioner.
Subhasmita
(G. Satapathy)
Judge
2 issues framed by the court
Whether bail is to be granted in a rape case where witnesses have not been examined but medical evidence contradicts the prosecution claim.
Whether the petitioner can renew the bail prayer after the examination of the victim in the trial.
2 provisions across 2 enactments
Ulla @ Lalu Behera
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
