SIBA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Dasparida, learned advocate appears on behalf of appellant and submits, his client is aggrieved by order dtd. 5/1/2024 made by the Court of Sessions Judge rejecting the bail application. He places the reasons given in impugned order, reproduced below.

(2.) Mrs. Pattnaik, learned advocate, Additional Government Advocate appears on behalf of State and submits, there be no interference in appeal with impugned order. Statements made under Sec. 161 and 164 in Criminal Procedure Code, 1973 are there in case diary. Law stands declared that delay in lodging complaint cannot be taken as fatal to the case. The trial Court has expressed apprehension on enlarging petitioner/appellant and as such he should remain in custody.

(3.) On query from Court Mrs. Pattnaik hands up the medical report. Perusal thereof reveals report to be that there is sign of sexual intercourse. On further query from Court Mrs. Pattnaik submits, the victim has said that her parents were nearby and there is no injury report.