Orissa High Court
Tuna @ Rana Pratap vs State Of Odisha ... Opp.Party on 4 November, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 1310 of 2020
TUNA @ RANA PRATAP ... PETITIONER
CHOUDHURY
-VERSUS-
STATE OF ODISHA ... OPP.PARTY
06. 04.11.2020 The 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. for grant of bail to the petitioner in connection
with Aska P.S. Case No. 02 of 2016 corresponding to
G.R. Case No. 02(A) of 2016 pending in the Court of
J.M.F.C., Aska for alleged commission of offences under
sections 450, 376-D, 376(2)(n), 342, 323, 506/34 of the
Indian Penal Code and sections 25 and 27 of the Arms
Act.
The prayer for bail of the petitioner has been
rejected by the learned Addl. Sessions Judge, Aska by
order dated 24.01.2020.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 29.12.2019 and
he has been charge-sheeted under sections 450, 376-D,
376(2)(n), 342, 323, 506/34 of the Indian Penal Code
and section 25(1-B)(a) of the Arms Act. It is further
contended that some of the co-accused persons have
already been released on bail and the occurrence in
question took place on 16.12.2015 and the F.I.R. was
lodged on 02.01.2016. Learned counsel further
submitted that the victim is a married lady having two
children and the petitioner has been falsely entangled in
the case and therefore, the bail application may be
favourably considered.
Learned counsel for the State produced the case
diary and placed the 164 Cr.P.C. statement of the victim,
who is aged about 30 years.
Considering the submissions of the learned
counsel for the respective parties, the nature and gravity
of accusation and the 164 Cr.P.C. statement of the victim
in which she has categorically implicated the petitioner in
the commission of rape, I am not inclined to release the
petitioner on bail.
However, the petitioner is at liberty to renew his
prayer for bail after examination of the victim in the trial
Court.
The BLAPL is accordingly disposed of.
.............................
S.K. Sahoo, J.
PKSahoo