Padman @ Padman Pangi vs State Of Odisha And Another

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No. 05 of 2023, arising out of Koraput Town P.S. Case No.309 of 2022 pending in the file of learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Jeypore in Koraput for commission of offences punishable under Sections 366/ 376(2)(n)/ 294/506 of the IPC r/w Section 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

In the course of hearing of the bail application, Mr. A.N. Pattanayak, learned counsel for the petitioner by drawing attention of this Court to the evidence of victim and her parents produced in the shape of the certified copy of depositions of P.Ws. 1 to 3, submits that there is absolutely no material on record to indicate that the petitioner has committed any offence, but even if the materials on record are taken into consideration, it would appear a case of elopement and the petitioner having not done anything for elopement and he having detained in custody since long, may kindly be granted bail. Mr. Pattanayak further submits that since the victim and her parents have already been examined in this case, there appears little apprehension of tampering of the prosecution evidence or influencing the other witnesses and the petitioner in all probability would attend the Court on each date of posting in case he is granted bail. On the aforesaid submission, Mr. Pattnayak, learned counsel for the petitioner prays to grant bail to the petitioner.

On the other hand, Mr. R.B. Mishra, learned AGA, however, strongly opposes the bail application of the petitioner vehemently and he inter alia contends that the evidence of victim itself is sufficient to reject the bail application of the petitioner. Mr. B.S. Rao, learned counsel for the Informant appearing virtually from VC Cabin, Jeypore submits that the age of the victim is less than thirteen years as on the date of occurrence and therefore, the plea of consent as advanced by the learned counsel for the petitioner is of no avail and the petitioner having found to have committed the offence, his bail application may kindly be turned down.

After having considered the rival submissions and on going through the evidence of witnesses as produced in the shape of certified copy of depositions of P.Ws. 1 to 3 and regard being had to the age and evidence of the victim, this Court does not find any ground to consider the bail application of the petitioner.

Hence, the bail application of the petitioner stands rejected. In response to the submission of the learned counsel for the petitioner to target the trial, it is observed that the petitioner may renew his prayer for bail in case the trial is not concluded within a reasonable period of six months of receipt of copy of this order.

Accordingly, the BLAPL stands disposed of.

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

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