AI Structured Summary
Not yet generated for this judgment
Judgment
V. Narasingh, J
Mr. B. Jena, learned counsel appearing through V.C submits that he has instruction to appear on behalf of the Informant. He is called upon to file the vakalatanama during the course of day.
Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.
The Petitioner is an accused in connection with G.R. Case No.402 of 2023, pending before the Court of the learned J.M.F.C., Khalikote, arising out of Rambha P.S. Case No.159 of 2023 for alleged commission of offences under Sections 376(2)(n)/294/506/34 IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Khallikote, by order dated 17.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 5.3.2023 and as investigation has progressed substantially, his further continuance in custody is not warranted.
Learned counsel for the Informant opposes the prayer for bail, inter alia, on the ground that on the promise of marriage the victim was lured to a relationship and during currency of investigation, the Petitioner ought not to be released on bail.
Learned counsel for the State also opposes the prayer for bail during currency of investigation.
Perused the 164 Cr.P.C. statement of the victim who is aged about 28 years.
Considering the tenor thereof, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin. Petitioner shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
……………………………