Lilu Parabhue vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

Learned State counsel submits that notice on the victim has already been served on 28.2.2024. There is however, no appearance for which the bail application is taken up for hearing.

The Petitioner is in custody since 22.3.2023 in connection with Kesinga P.S. Case No.450/2022 corresponding to C.T. Case No.436/2022 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under (POCSO), Bhawanipatna, for the alleged commission of the offence under Sections 363/366/376(2)(n) of I.P.C. and Section 6 of POCSO Act. It is alleged that the Petitioner kidnapped the victim, who is a minor girl, and forcibly committed rape on her on several occasions

Learned State counsel has produced the case diary including the statement of the victim recorded under Section 164 of Cr.P.C., reading of which reveals a different story.

Considering the above facts as also the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.

The BLAPL is disposed of.

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

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