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Judgment
11 paragraphs · 364 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in G.R. Case No.288 of 2019 arising out of Lathor P.S. Case No.42 of 2019 for the offences under Sections-376/ 366/379/342/294/323/506/34 IPC pending in the Court of the learned S.D.J.M., Patnagarh.
The informant is the husband of the prosecutrix. From the statement of the husband of the prosecutrix namely the informant, it is revealed that the prosecutrix in the year October, 2018 and February, 2019 twice she had gone with the accused of her free will. The prosecutrix is in love relationship with the petitioner. The husband of the prosecutrix in his statement has further stated that in all the occasions, he has rescued his wife. Since the wife is in love relationship with the petitioner, she has fled away with the petitioner repeatedly. Lastly, when the prosecutrix fled away with the petitioner, the present F.I.R. was registered by him against the petitioner. Investigation of the case is still on.
The petitioner had approached the learned Addl. Sessions Judge, Patnagarh praying for grant of bail. The learned Court below vide its order dated 08.01.2024 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 26.12.2023, 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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