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Judgment
12 paragraphs · 425 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Jharpokharia P.S. Case No.12 of 2024 corresponding to C.T. Case No.58 of 2024 for the offences under Sections-417/457/323/354/354-A/506 IPC pending in the Court of the learned J.M.F.C.-1 (Cog. Taking), Baripada, Mayurbhanj.
The allegation against the petitioner is that one Laxmi Mahali resident of Silphodi, District- Mayurbhanj lodged a written report at Jharpokharia P.S. alleging that on 13.01.2024 at 11 PM, while she was taking rest in her house, the petitioner entered into her house and tried to rape her. The petitioner threatened her and demanded money otherwise he will kill her family members. The informant further alleged that prior to this incident, the petitioner was visiting her house on promise to marry her, and had sexual intercourse with her. The petitioner did not marry the victim, therefore, the F.I.R. was lodged.
From the statement of the victim recorded under Section 161 Cr.P.C., it is revealed that the victim was having an affair with the petitioner for about eight years. The victim has stated in her statement that on the false promise of getting married with her, the petitioner had sexual intercourse with her. Subsequently, she had issued the legal notice to the petitioner. But he declined to marry her. Since the petitioner did not respond to the legal notice issued by her, she has lodged the F.I.R.
The petitioner had approached the learned Sessions Judge, Mayurbhanj, Baripada praying for grant of bail. The learned Court below vide its order dated 05.02.2024 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 16.01.2024 and the nature of accusation, 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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