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Judgment
S.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Golamunda P.S. Case No.16 of 2014 corresponding to C.T. Case No.67 of 2014 for the offences under Sections-363/366/109 IPC pending in the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Bhawanipatna.
The allegation against the petitioner is that on 16.02.2014, one Gajendra Bag lodged a written report before the I.I.C., Golamunda P.S. alleging that on 08.02.2014, his daughter had been to the college and did not return home. On 10.02.2014, he had lodged a missing report in the Police Station. On enquiry, he came to know that the present petitioner had kidnapped his daughter and taken her to Bombay. They went to search them. After getting such information, the petitioner went to Pune and the informant could able to trace her at Pune and brought her to their village.
The petitioner was on bail vide order dated 17.12.2015. But due to his default in appearing before the learned Court below, the N.B.W. was issued against him on 11.07.2022 and he was taken to custody on 18.07.2023.
The petitioner had approached the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, praying for grant of bail. The learned Court below vide its order dated 22.01.2024 has rejected the bail application of the petitioner in C.T. Case No.67 of 2014. 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 of the petitioner since 18.07.2023, the nature of accusation and the criminal antecedents against the petitioner, I am inclined to admit the petitioner on bail subject to strict conditions to prevent the accused from committing similar offence.
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 in other cases pending investigation against him and he shall not tamper with the evidence in any manner whatsoever subject to further condition that the petitioner shall appear before the I.I.C., Plantsite Police Station once in a week on every Sunday for two months.
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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