Bikash Mallik vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Choudwar P.S. Case No.691 of 2023 corresponding to Special G.R. Case No.07 of 2024 of 2023 for the offences under Sections 363/366/376(2)(n) of the IPC read with section 6 of the POCSO Act pending in the Court of learned Additional Sessions Judge – cum- Special Court under POCSO Act, Cuttack.

The allegation against the petitioner as per the F.I.R is that on 31.12.2023 at about 8.00 P.M. the minor daughter of the informant fled away. She did not return home. Accordingly, the F.I.R. was registered. Petitioner is suspected to have kidnapped the minor girl.

Mr. S.R. Rout, learned Additional Standing Counsel submits that after completion of investigation in this case, charge sheet has been filed. He placed the statement of the victim recorded under Section 164 of Cr.P.C. in which the victim has inter alia stated that three boys, namely, Pintu, Bismya and Bikash came near her house and taken her to some one’s house, whom she does not know. The three boys kept her in a room and subsequently, the police recovered her. There is no allegation of sexual assault by the victim against the petitioner.

Learned counsel for the petitioner submits that two co-accused, namely, Pintu and Bismaya have already been enlarged on bail by the Court below. Therefore, he seeks parity with those co-accused persons.

The petitioner had approached the learned Additional Sessions Judge –cum- Special Court under POCSO Act, Cuttack praying for grant of bail. The learned Court below vide its order dated 22.01.2024 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 09.01.2024, the 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 not tamper with the evidence in any manner whatsoever.

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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