Dillia @ Dillip Kumar Barik Vs State Of Odisha

Savitri Ratho, J

Heard Mr. G. Das, learned counsel for the petitioner and Ms. S. Mishra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Banpur P.S. Case No. 106 of 2023 corresponding to T.R. Case No. 420 of 2023 pending in the Court of the learned Special Judge (POCSO) -cum- Addl. Sessions Judge, Bhubaneswar (Circuit Court at Banpur) registered for commission of offence punishable under Sections 363, 376(2)(n) of IPC read with Section 6 of POCSO Act.

The prayer for bail of the petitioner has been rejected vide order dated 08.01.2024 by the learned Special Judge (POCSO) - cum- Addl. Sessions Judge, Bhubaneswar. Perusal of the order reveals that four witnesses have been examined including the informant and vital witnesses like the victim are to be examined for which if the petitioner is released on bail, there are chances of his absconding and influencing the witnesses especially the minor victim

The prosecution allegation in brief is that the accused has kidnapped the victim and taken her to Bangalore and then to Hyderabad and kept physical relation with her repeatedly.

Mr. G. Das, learned counsel for the petitioner referring to the statement of the victim recorded under Section 164 of Cr.P.C. submits that the victim has not made any allegation against the petitioner and has stated that she was being scolded and beaten by her parents as she was associating freely with all the boys and girls of the village. So out of anger, on 08.03.2023 without informing anybody in her house she ran away from her house and went to Hyderabad where she survived by doing small job and she has rescued by the police from Hyderabad. She has also said that she does not want to stay with her parents as they are likely to assault her and that nobody had any role to play in her running away from her house.

Ms. S. Mishra, learned Addl. Standing Counsel for the State submits that in view of the influence of the petitioner, the victim has not stated anything against him and in view of her age, if he is released on bail at this stage before examination of the victim girl, he is likely to influence her.

Considering the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail as the victim girl has not yet been examined in the trial and the chances of the petitioner influencing her cannot be ruled out for which, the BLAPL is dismissed granting liberty to the petitioner to move the learned Court below for bail afresh after examination of the victim girl.

The learned trial Court is directed to issue summons if already not issued to the victim girl for submitting her evidence in the trial, without further delay.

Urgent certified copy of this order be granted on proper application.

...…………………………