Allowed

Subash Swabi v. State of Odisha

Orissa HC18 Dec 2024BLAPL/9568/2024

Case brief

AI extract

What is this about?

Single judge of Orissa High Court allowed bail petition under Section 439 Cr.P.C. The court relied on the victim's statement suggesting a consensual relationship and granted release subject to terms including a bond and prohibitions against harming the victim or influencing witnesses.

What did the court decide?

The petitioner is directed to be released on bail subject to furnishing a bail bond of Rs.30,000 with one solvent surety and not causing harm to the victim or influencing material witnesses.

Subash Swabi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9568 of 2024

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Subash Swabi

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…. Petitioner

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Mr. B.P. Nanda, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

18.12.2024

Heard Mr. Nanda, learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.104 of 2024 pending in the file of learned First Track Special Court, Koraput at Jeypore corresponding to Jeypore Mahila P.S. Case No.88 of 2024 registered under Section 376(2)(n), 294 and 506 IPC on the grounds stated therein.

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Referring to Annexure-3, Mr. Nanda, learned counsel for the petitioner would submit that the relationship between the parties was consensual in nature and as such, the offence under Section 376(2)(n) IPC is not prima facie made out and that apart, the petitioner is in judicial custody from 12^th June, 2024, hence, considering the same, he should be allowed to go on bail subject to any terms and conditions as would be fixed by the Court.

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Mr. Ray, learned AGA for the State objects to the release of the petitioner considering the gravity of the offences alleged against him.

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Page 1 of 2

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Perused the statement under Section 164 Cr.P.C. of the victim, who said to have had physical relationship with the petitioner for some months. The age of the victim is 20 years and as per statement at Annexure-3, she said to have developed relationship with the petitioner and maintained sexual intimacy thereafter. It is informed to the Court that in the meantime, with the closure of investigation, the chargesheet is filed against the petitioner on 31^st July, 2024. Considering the same and the statement under Section 164 Cr.P.C. of the informant as at Annexure-3, the Court is inclined to direct release of the petitioner with the following conditions.

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6. Accordingly, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.104 of 2024 arising out of Jeypore Mahila P.S. Case No.88 of 2024 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned First Track Special Court, Koraput at Jeypore, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstance of the case besides the following, such as, he shall not cause any harm to the victim in any manner and influence the material witnesses to the case, while on bail.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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Signature Not Verified (R.K. Pattanaik)

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Digitally Signed Judge Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 19-Dec-2024 13:20:11Rojina

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Page 2 of 2

Subash Swabi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Swabi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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