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2021 DIGILAW 108 (ORI)

Dolagobinda Das v. State of Odisha

2021-03-09

S.K.SAHOO

body2021
JUDGMENT : S.K. SAHOO, J. 1. This matter is taken up through Video Conferencing/Physical Mode. 2. Heard learned counsel for the petitioner and the learned counsel for the State. 3. This is an application under Section 439 Cr.P.C. in connection with Special Case No. 310 of 2020 arising out of Singla P.S. Case No. 184 of 2020 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Balasore for alleged commission of offences punishable under sections 376(2)(n)/376(2)(i)/313/323/506 of the Indian Penal Code read with section 6 of the POCSO Act. 4. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge-cum-Special Judge, Balasore which was rejected on 11.12.2020. 5. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.11.2020 and he has been charge sheeted under sections 376(2)(n)/376(2)(i)/ 313/323/506 of the Indian Penal Code read with section 6 of the POCSO Act. It is further submitted that the case arises out of a complaint petition which was filed before the learned Special Judge (POCSO), Balasore on 24.08.2020 and accordingly I.C.C. Case No. 24 of 2020 was registered and it was sent to the Inspector in charge of Singla police station under section 156(3) of BLAPL No. 168 of 2021 Cr.P.C. for registration of the F.I.R. and investigation and accordingly Singla P.S. Case No. 184 of 2020 was registered and the complaint petition itself indicates that the occurrence first took place on 10.10.2013. It is further submitted that the victim appears to be the sister-in-law of the sister of the petitioner and the ingredients of offences are not attracted and at present as per the complaint petition, the victim has filed a case in the Court of learned Judge, Family Court, Balasore which has been registered as C.P. No. 681 of 2019 and the same is subjudiced. He further submits that in view of the available material on record, the bail application of the petitioner may be favourably considered. 6. Learned counsel for the State has produced the case diary and placed the 164 Cr.P.C. statement of the victim who is aged about twenty two years. 7. He further submits that in view of the available material on record, the bail application of the petitioner may be favourably considered. 6. Learned counsel for the State has produced the case diary and placed the 164 Cr.P.C. statement of the victim who is aged about twenty two years. 7. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the 164 Cr.P.C. statement of the victim and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail. 8. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and he shall not try to tamper with the prosecution evidence. 9. Violation of any conditions shall entail cancellation of bail. 10. Accordingly, the BLAPL is disposed of.