BLAPL/9114/2020
2021 Latest Caselaw 1248 Ori

                                     BLAPL NO.9114 OF 2020




03.   03.02.2021:    The matter is taken up through video conferencing mode.

                     The Petitioner being in custody in connection with G.R. Case
                    No.45 of 2020 corresponding to Erasama P.S. Case No.159 of
                    2020 on the file of learned Additional Sessions Judge-cum-
                    Special Judge, POCSO, Jagatsinghpur running for alleged
                    commission of offence under sections 376(DA) IPC read with
                    section 6 of POCSO Act         has filed this application under
                    section 439 of the Cr.P.C. for his release on bail.

                     Mr. Asok Mohanty, learned Senior Counsel for the Petitioner
                    placing the statement of the victim recorded under section 164
                    Cr.P.C. submits that this Petitioner is not so implicated by her
                    to have forcibly carried her by gagging to the backyard. He
                    further submits that although she has stated about the role of
                    other three accused persons namely, Abhi, Bikash and Kalua, in
                    so far as this Petitioner is concerned, it is her statement that at
                    that time the Petitioner was on telephone call with someone. He
                    submits that the mother of the victim (informant) has stated that
                    having met the Petitioner in course of search of the victim, the
                    Petitioner being asked the whereabouts of her daughter, he had
                    expressed his ignorance. He further submits that the facts and
                    circumstances as those emanate on a conjoint reading of the
                    statements of the informant and the victim do not go to show
                    that this Petitioner had at any time acted in furtherance of a
                    common intention with the other three accused persons. He has
                          // 2 //




also placed before the Court the narration of the incident by the
victim before the Medical Officer implicating only those three
attributing no role to the Petitioner right from the beginning till
end. In view of all these above, he urges for grant of bail to the
Petitioner as according to him, further detention of this
Petitioner till conclusion of the trial would no useful purpose
when the investigation has made substantial progress and there
remains no scope for the Petitioner to flee from Justice or
tamper the evidence.

 Learned counsel for the State in opposing the move submits
that the statements of the victim and her mother reveal the
presence of this Petitioner near about the spot. He however
does not dispute that they have not attributed the Petitioner with
any overt act at any point of time.

 Considering the submission made and on going through the
statements of the victim and her mother (informant) as well as
the narration of the incident before the Medical Officer who
had examined the victim and his report, further keeping in view
the surrounding circumstances including the period of detention
of the Petitioner in custody; it is directed that the Petitioner be
released on bail in the aforesaid case on such terms and
conditions as deemed just and proper by the court is seisin of
the case.

 The BLAPL is accordingly disposed.
                              // 3 //




         As the restrictions due to the COVID-19 situation are
      continuing, learned counsel for the parties may utilize a soft
      copy of this order/judgment available in the High Court's
      website or print out thereof at par with certified copy in the
      manner prescribed, vide Court's Notice No.4587 dated 25th
      March, 2020.

                                            ..........................
                                              D. Dash, J.

Aks