Rabinarayan Datta @ Rabi Narayan Dutta Vs State Of Orissa

Orissa High Court 10 Jan 2024 Bail Application No.14683 Of 2023 (2024) 01 OHC CK 0092
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No.14683 Of 2023

Hon'ble Bench

G. Satapathy, J

Advocates

A.R. Panda, P.K. Mohanty

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 342, 365, 376(2)(n)

Judgement Text

Translate:

G. Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Jajpur P.S. Case No.295 of 2023 arising out of

C.T. (Sessions) Case No.196 of 2023 pending in the file of learned Sessions Judge, Jajpur, for commission of offences punishable under Sections

376(2)(n)/ 365/342 of IPC, on the allegation of committing rape repeatedly upon the victim by confining her in confinement at different places.

3. Heard, Mr. A.R. Panda, learned counsel for the petitioner and Mr. P.K. Mohanty, learned ASC in the present matter and perused the record.

4. After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and

regard being had to the pre trial detention of the petitioner in custody since 13.08.2023 with submission of charge-sheet and on going through the

materials placed on record, this Court admits the petitioner to bail.

5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees

Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and

conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for

six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the

above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the

petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6. Accordingly, the BLAPL stands disposed of.

7. Issue urgent certified copy of the order as per Rules.

…………………………………

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