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Judgment
11 paragraphs · 375 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in C.T. Case No.03 of 2024 arising out of Baliguda P.S. Case No.19 of 2024 for the offences under Sections-376(2)(n)/498-A/323/494/506/34 IPC r/w Section-4 of the D.P. Act r/w Section-6 of the POCSO Act 394/34 IPC pending in the Court of the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Phulbani.
The allegation against the petitioner is that one Anjali Digal lodged a written report before the IIC, Baliguda Police Station on 13.01.2024 alleging that the present petitioner was in love relationship with the informant and he assured to marry her. On that pretext committed sexual intercourse with her several times. They eventually married. After the marriage, the petitioner and the in-laws started physical and mental torture and demanded dowry from the informant. At the instance of the wife namely the informant, the F.I.R. was registered against the petitioner and the in-laws with the allegation of offence under Section 376 IPC. The petitioner is in custody since 15.01.2024.
The petitioner had approached the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Phulbani praying for grant of bail. The learned Court below vide its order dated 18.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 15.01.2024, nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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