BLAPL/7906/2020
2021 Latest Caselaw 1493 Ori

                              BLAPL No.7906 of 2020

04. 05.02.2021         The matter is taken up through video conferencing.

                       The Petitioner, being in custody in connection with
                 Mahanga P.S. Case No.145 of 2018 corresponding to Special
                 G.R. Case No.163 of 2018 pending on the file of the court of
                 the learned Additional District and Sessions Judge-cum-
                 Special Court (POCSO Act), Cuttack running for the alleged
                 commission of offence under sections 363/376(2)(i)(n)/
                 376(3)/ 120-B IPC read with section 6 of POCSO Act, has
                 filed this application under section 439, Cr.P.C. for his
                 release on bail.

                       Learned counsel for the Petitioner submits that here
                 the age of the victim as per the prosecution case is 16 plus
                 and in her statement, she has stated to be having the love
                 relationship with the Petitioner and friendship as such for
                 quite a long period. He further submits that the version of the
                 victim is that with such relationship, at a subsequent point of
                 time, the Petitioner declined to offer of the victim to marry
                 her. It is his submission that the Petitioner has remained in
                 custody since 03.09.2020 when the investigation of the case
                 has made substantial progress and there remains no scope on
                 the part of the Petitioner to flee from justice or tamper the
                 evidence. He, therefore, urges for grant of bail to the
                 Petitioner as according to him, further detention of the
                 Petitioner would serve no useful purpose.
              Learned counsel for the State and learned counsel for
      the Informant oppose the move. According to them, a prima
      facie case for the commission of the principal offences stands
      against the Petitioner.

             Considering the submissions made and on going
      through the materials as placed on record as also the order
      passed by the learned Additional District-cum-Special Court
      under POCSO Act, further keeping in view the surrounding
      circumstances including the period of detention of the
      petitioner in custody, in the absence of any other
      impediment; it is directed that the petitioner be released on
      bail in the aforesaid case with such terms and conditions as
      deemed just and proper by the court in seisin of the case with
      further conditions that he will appear in person before the
      court in seisin of the case on each date of posting of the case
      till conclusion of the trial.
             The BLAPL is accordingly disposed of.
             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.

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