High Court of Orissa allowed the bail application of Balaram Behera, accused of repeated rape. The court admitted him on bail bonds of Rs.25,000 with sureties, citing consensual nature and completed investigation.
Petitioner admitted to bail on bonds of Rs.25,000 with two solvent sureties for similar amount.
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.393 of 2023
Balaram Behera
Petitioner
Mr. S.K.Dwibedi, Advocate
-versus-
State
… Opposite Party Mr. S.R.Roul, ASC
CORAM: JUSTICE G. SATAPATHY
ORDER
27.06.2023
Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
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that the petitioner has already been detained in custody since 27.11.2022, but it appears from the materials on record to be a case of consensual in nature and the petitioner and the victim having already attained the age of discretion, no offence U/S. 376 of IPC is made out against the petitioner and the petitioner, therefore, may kindly be granted bail.
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(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
Rules.
(G. Satapathy)
Judge
Kishore
Signature Not Verified
Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 28-Jun-2023 10:52:08
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1 issue framed by the court
Whether bail should be granted to the accused in an allegedly consensual sexual offence case where investigation is complete but trial has not commenced.
3 provisions across 2 enactments
Balaram Behera
State
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
