Orissa High Court
Ashu @ Ashutosh Das vs State Of Odisha .... Opp. Party on 4 June, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1024 of 2021
Ashu @ Ashutosh Das .... Petitioner
Mr.P.S.Nayak, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Priyabrata Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.06.2021
03. 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 Badambadi P.S. Case No.13 of 2021 corresponding to G.R. Case No. 85 of 2021 pending in the file of learned J.M.F.C. (City), Cuttack for alleged commission of offences under sections 376(2)(n)/323/ 506/342 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 1st Addl. Sessions Judge, Cuttack vide order dated 02.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 20.01.2021 and charge // 2 // sheet has already been submitted against the petitioner under sections 376(2)(n)/323/ 506/342 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim who is aged about nineteen years who has stated about her love affairs with the petitioner and that the incident occurred in a lodge and even thereafter she stayed with the petitioner and further the fact that the medical examination report also does not indicate any sign or symptoms of recent sexual intercourse and after hearing learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further 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.
( S.K. Sahoo) Vacation Judge P // 3 //