High CourtsSingle Bench

Bina @ Bijaya Das vs State Of Odisha

Orissa High Court · Decided on 8 May 2024 · Citation: (2024) 05 OHC CK 0105

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 161, 164 · Indian Penal Code, 1860 — Section 34, 323, 341, 354B, 376, 450, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10511 Of 2023
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Judgment

9 paragraphs · 227 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 24.07.2023 in connection with Nimapara P.S. Case No.255 of 2023 corresponding to G.R. Case No.733 of 2023 pending in the Court of learned J.M.F.C., Nimapara for the alleged commission of offence under Sections 341/450/323/354-B/506/376/34 of IPC.

4.

It is alleged that the petitioner committed rape on the victim while she was sleeping in her home with her family members. The petitioner allegedly entered into the house at late night and forcibly committed rape on her.

5.

I have perused the case diary including the statement of the victim recorded under Section 161 and 164 Cr.P.C. The victim is aged about 60 years. Having regard to the nature of allegations and the materials on record, particularly the statement of the victim, I am inclined to allow the prayer for bail. Let the petitioner be released on bail  on  such  terms  and  conditions  as  the  court  in  seisin  over  the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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