High CourtsSingle Bench

Babula Harijan vs State Of Odisha

Orissa High Court · Decided on 24 April 2023 · Citation: (2023) 04 OHC CK 0235

HON’BLE JUDGES
S.K. Sahoo, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 294, 376(2)(n), 417, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3496 Of 2023
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Judgment

11 paragraphs · 263 words

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1389 of 2022 arising out of Jeypore Mahila P.S. Case No.140 of 2022 pending in the Court of learned Additional Sessions Judge, Jeypore for offences punishable under sections 376(2)(n)/294/506/417 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Jeypore vide order dated 21.03.2023.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 29.12.2022 and he has been charge sheeted under sections 376(2)(n)/294/506/ 417 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim, who stated about her love affairs with the petitioner since last eight years and staying with the petitioner in her uncle’s house and also in the house of the petitioner

for days together and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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