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[Cites 4, Cited by 0]

Orissa High Court

Lipun Ojha @ Lipu vs State Of Odisha on 12 August, 2020

Author: S.K. Sahoo

Bench: S.K. Sahoo

                                BLAPL No. 3133 of 2020




                   Lipun Ojha @ Lipu                .......             Petitioner
                                                    -Vrs.-
                   State of Odisha                  .......              Opp. Party


05.   12.08.2020             This   matter   is   taken      up    through      Video
                   Conferencing.
                             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 G.R. Case No.170 of 2020
                   arising out of Konark P.S. Case No.48 of 2020 pending in
                   the Court of learned J.M.F.C., Konark for offences
                   punishable under sections 417/376 of the Indian Penal
                   Code.
                             The petitioner moved an application for bail
                   before the Court of learned Addl. Sessions Judge,
                   Nimapara which was rejected on 05.05.2020.
                             Considering the submission made by the learned
                   counsel for the petitioner that the petitioner is in judicial
                   custody    since   23.04.2020,    charge       sheet   has   been
                   submitted under sections 417/376 of the Indian Penal
                   Code and after going through the 164 Cr.P.C. statement
                   of the victim who is aged about nineteen years and
                   stated about her marriage with the petitioner in a temple
                   and living with the petitioner as his wife and after
                   hearing the 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 bail bond of Rs.20,000.00
         (rupees twenty thousand) with two 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.
                Urgent certified copy of this order is granted on
        proper application.




sisir                                     .............................
                                           S.K. Sahoo, J.