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Judgment
16 paragraphs · 287 wordsB.P. Routray, J
Heard Mr. A.K. Budhia, learned counsel for the Petitioner and Mr. G.N. Rout, learned Addl. Standing Counsel for Opposite Party - State.
This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Joseph Tirkey in connection with Chandiposh P.S. Case No.83 of
2020 corresponding to G.R. Case No.772 of 2020 pending in the court of learned S.D.J.M., Bonai for alleged commission of offence under Sections
376(2)(n)/417 of the Indian penal Code.
It is submitted that the Petitioner is inside custody since 4th December, 2020 and in the meantime investigation has been completed. It is further
submitted that as per the allegations, the Petitioner and victim were in love relationship with promise to marry.
After hearing learned State counsel and considering the statement of the victim recorded under Section 164 Cr.P.C. as well as the circumstances of
the case, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over
the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise
acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No. 4798, dated 15th April, 2021.
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