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Judgment
17 paragraphs · 303 wordsS.K. Sahoo, J
This matter is taken up by video conferencing 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 C.T. Case No.259 of 2021 arising out of Kuakhia P.S. Case No.44 of 2021
pending in the Court of learned S.D.J.M., Jajpur for offences punishable under sections 376/341/342/323/506 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Jajpur which was rejected on 20.04.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.02.2021 and he has been
charge sheeted under sections 376/341/342/323/506 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim placed
by the learned counsel for the State and the medical examination report which indicates that there is no sign or symptoms of recent sexual intercourse,
I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may
deem just and proper.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
