High CourtsSingle Bench

Rushava Naik vs State Of Odisha

Orissa High Court · Decided on 19 July 2021 · Citation: (2021) 07 OHC CK 0155

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376D, 506
CASE NUMBER
Bail Application No. 3423 Of 2021
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Judgment

15 paragraphs · 285 words

S.K. Sahoo, J

1.

This matter is taken up by video conferencing mode.

2.

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

3.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Chhendipada P.S. Case No. 512 of 2020

corresponding to C.T. (S) Case No.14 of 2021 pending before the learned Sessions Judge, Angul for alleged commission of offences punishable under

sections 376-D/506 of the Indian Penal Code.

4.

The petitioner moved an application for bail before the Court of learned Sessions Judge, Angul, which was rejected on 25.03.2021.

5.

In view of the 164 Cr.P.C. statement of the victim who is a married lady and the manner in which the offence alleged to have been taken place and

since it is a case of gang rape and the victim has named the petitioner as one of the culprits, while not inclining to release the petitioner on bail, I direct

the learned trial Court to expedite the trial and at the first instance steps shall be taken to examine the victim. The petitioner is at liberty to renew the

prayer for bail after examination of the victim in the learned trial Court.

A copy of the order be communicated for compliance to the concerned Court.

6.

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.