Advocates:
['M/S TUKUNA KU MISHRA', '', 'D DASH', 'M/S P K DAS', '', 'D SAHOO']

BLAPL No.2259 of 2016

29.06.2016

Heard the learned counsel for the petitioner and learned counsel for the State

.

This is an application under Section 439 Cr.P.C. in connection with C.T. Case

No.108 of 2016 arising out of Junagarh P.S. Case No.108 of 2016 pending in the Court of learne

d J.M.F.C., Junagarh for offences punishable under sections 457/376 of the Indian Penal Code.

The petitioner moved an application for bail before the learned Additional Ses

sions Judge, Dharmagarh which was rejected on 07.04.2016.

Learned counsel for the petitioner submits that the petitioner is in custody s

ince 28.03.2016 and in the meantime, after completion of investigation, charge sheet has been

submitted under sections 457/376 of the Indian Penal Code. He files the certified copy of the

charge sheet which is taken on record. Learned counsel for the petitioner further submits that

the victim is a married lady and the ingredients of the offences are not made out. He placed

the 164 Cr.P.C. statement of the victim.

Learned counsel for the State has produced the case diary and placed the medic

al examination repor