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Judgment
9 paragraphs · 240 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 05.02.2023 in connection with Tumudibandha P.S. Case No.106 of 2022 corresponding to C.T. Case No.11 of 2023 pending in the Court of learned Addl. Sessions Judge- cum- Special Judge (POCSO) Act, Phulbani for the alleged commission of offence under Sections 363/365/341/343/ 506/376(2)(n)of IPC read with Section 6 of POCSO Act.
It is alleged that the petitioner kidnaped the minor daughter of the informant and took her to a nearby jungle where he kept her for nine days and committed rape on her several times. The victim managed to escape, whereupon the case was reported.
After considering the statement and the materials on record including the statement of the victim recorded under Section 164 Cr.P.C., as also the medical examination report, which incidentally does not support the allegation of forcible sexual intercourse, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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