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IN THE HIGH COURT OF ORISSA AT CUTTACK
V. Narasingh, J.
Giri Palkia – Appellant
Versus
State of Odisha – Respondent
Bail Application No. 387 of 2023
Decided On : 25-01-2023
BAIL - Criminal Law - The court directed the release of the accused on bail after considering the statement of the victim and the filing of the charge sheet.
Fact of the Case:
The Petitioner, accused in a case for the offence under Sections 376(1)/376(2)(n)/506 IPC, filed a petition for bail after the rejection of his previous application by the learned Sessions Judge.
Finding of the Court:
The court directed the release of the Petitioner on bail after considering the statement of the victim and the filing of the charge sheet.
Issues: The issue was whether the Petitioner should be granted bail after the rejection of his previous application by the learned Sessions Judge.
Ratio Decidendi: The court considered the statement of the victim recorded under Section 164 Cr.P.C and the filing of the charge sheet to decide in favor of granting bail to the Petitioner.
Final Decision: The court directed the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
JUDGMENT
V. Narasingh, J. - Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in C.T. Case No.98 of 2022 pending on the file of learned Sessions Judge, Rayagada, arising out of Chandili P.S. Case No.149 of 2022 for commission of the offence under Sections 376(1)/376(2)(n)/506 IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Rayagada, by order dated 05.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 19.09.2022 and as charge sheet has been filed on 17.11.2022, his further continuance in custody is not warranted.
5. Learned counsel for the State opposes the prayer for bail.
6. Perused the statement of the victim recorded under Section 164 Cr.P.C.
7. Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
8. Accordingly, the BLAPL stands disposed of.
9. Urgent certified copy of this order be granted as per rule.
The court considered the statement of the victim and the filing of the charge sheet as key factors in deciding to grant bail to the Petitioner.
The need for the lower court to assess the materials on record during the course of investigation before entertaining a bail application.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
An accused may be granted bail if the allegations are vague and lack substantial supporting evidence, especially when no serious injuries are present.
Bail granted due to absence of criminal history and recovery of the victim, despite initial non-compliance with court orders.
The court determined insufficient evidence to justify continued custody based on the omnibus nature of dowry demands and the absence of corroborative injuries, thus granting bail.
The court may grant bail to accused persons based on the progress of investigation and their first-time offender status, with conditions to verify their criminal antecedents.
A first offender may be granted bail if the prosecution lacks sufficient evidence for direct involvement in a serious crime, especially during ongoing investigations.
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