AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
17 paragraphs · 335 wordsHeard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
The petitioner has been made accused in connection with Gamharia P.S. Case No.57 of 2019 corresponding to G.R. No.183 of 2020 registered under
Sections 376/452/506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant. It is
submitted that the allegation against the petitioner is false. It is further submitted that the informant is a major lady and the instant F.I.R. has been
lodged after the complaint of the informant-victim forwarded to police under Section 156 (3) Cr.P.C. It is also submitted that there is inordinate and
unexplained delay of more than one and half month in instituting the complaint. It is also submitted that the allegation reveals that it is a case of
consensual sexual relationship between two adult persons. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It
is lastly submitted that the petitioner has remained in custody from 28.01.2020 to 30.05.2020 and after that he was given provisional bail from
30.05.2020 to 25.09.2020 and from 25.09.2020 he has been in custody. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. at
Seraikella in connection with Gamharia P.S. Case No.57 of 2019 corresponding to G.R. No.183 of 2020 with the condition that he will co-operate with
the trial of the case.