Regular bail application under Section 439 Cr.P.C. in a case under Sections 376/511 IPC. Considering custody period, gravity of allegations, medical evidence and filing of charge-sheet, the court released the petitioner on bail with stringent conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1025 of 2024
1) Sanjaya Parida
.....
Petitioner
Represented By Adv. - Sarat Kumar Jena
-versus-
1) State Of Odisha
..... Opposite Parties
Represented By Adv.Mr. D. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No.
04.04.2024
02.
04.11.2023. It was submitted that the investigation has been completed in the meantime and the charge-sheet has been filed. Learned counsel appearing for the petitioner submitted that on the basis of the section 164 Cr.P.C. statement of the victim no offence under Section 376 IPC is made out in the present case. It was contended that at best, given the facts of the present case, an offence of harassment under Section 354 IPC can be made out. Further it was also contended that the allegation made in the FIR against the Petitioner is not supported by any medical evidence. In the course of his argument learned counsel appearing for the petitioner submitted that since the charge-sheet has already been filed therefore, detention of the Petitioner in custody does not serve any purpose since completion of trial is likely to take time. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.
record, the period of detention of the Petitioner in judicial custody the gravity of the allegation made in the FIR, the medical evidence on record and, the fact that the final charge-sheet has been submitted, this Court is inclined to release the Petitioner on bail upon imposition of stringent conditions. this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-
I) shall not indulge in similar nature of offences while on bail;
II) shall appear before the I.O. as and when required
III) shall furnish such materials as is required by the I.O.
III) shall appear before the Court on each and every date fixed by the Court below without fail.
Violation of any of the terms and conditions shall entail cancellation of bail.
( A.K. Mohapatra)
Judge
S.K. Rout
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 05-Apr-2024 20:15:18
Signature Not Verified
1 issue framed by the court
Whether the petitioner in custody since 04.11.2023 should be released on regular bail after filing of the charge-sheet under Sections 376/511 IPC.
4 provisions across 3 enactments
Sanjaya Parida
State of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
