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Judgment
15 paragraphs · 387 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.87 of 2023, pending before the Court of the learned Addl. Dist. & Sessions Judge-Cum-Special Court under POCSO Act, Berhampur, arising out of Rambha P.S. Case No.339 of 2023, for alleged commission of offences under Sections 354-C/34 of IPC and Section 66-E/67-B of IT Act and Section 12 of the POCSO Act.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Court under POCSO Act, Berhampur by order dated 11.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 29.06.2023 and charge sheet has already been submitted on 16.07.2023.
Learned counsel for the Petitioner relies on the order dated 14. 12.2023 in BLAPL No.8335 of 2023 relating to the co-accused (Hemanta Kumar Nayak) and seeks release, inter alia, on the ground of parity.
Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner facilitated the circulation of the offending video transgressing the dignity of the victim and merely because co-accused has been released on bail, the Petitioner ought not to be released on bail at this stage..
Considering the nature of allegation qua the Petitioner and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent of any nature.
If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.
It is further directed that the petitioner shall not in way try to intimidate the victim and/or her family.
It shall be open to the informant/prosecution 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 the rules.
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