BLAPL No.1936 of 2016

12.07.2016

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 G.R. Case

No.290 of 2016 arising out of Cuttack Mahila P.S. Case No.13 of 2016 pending in the Court of l

earned S.D.J.M., Cuttack for offences punishable under sections 376(2)(n)/419/420/506 of the I

ndian Penal Code.

The petitioner moved an application for bail before the learned 3rd Additional

Sessions Judge, Cuttack which was rejected on 02.04.2016.

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

ince 18.02.2016 and in the meantime after completion of investigation, charge sheet has been s

ubmitted under sections 376(2)(n)/419/420/506 of the Indian Penal Code. Learned counsel for th

e petitioner further submits that the victim is a major girl and though the occurrence in ques

tion stated to have taken place since 2013 but the First Information Report was lodged in the

year 2016 and it appears that the victim was a consenting party and there is no medical eviden

ce to corroborate the statement of the vic