Bina @ Bijaya Das Vs State Of Odisha

Orissa High Court 8 May 2024 Bail Application No. 10511 Of 2023 (2024) 05 OHC CK 0105
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 10511 Of 2023

Hon'ble Bench

Sashikanta Mishra, J

Advocates

Suresh Kumar Panda, S.K. Mishra

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 161, 164
  • Indian Penal Code, 1860 - Section 34, 323, 341, 354B, 376, 450, 506

Judgement Text

Translate:

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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