Pradip Bag vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Tarava P.S. Case No.257 of 2022 corresponding to G.R. Case No.07 of 2023, pending in the file of the learned Addl. Sessions Judge-cum-Special Judge, Sonepur where charge sheet has been submitted against the petitioner for commission of offences under Sections 363, 376 (2) (n), 366 of IPC read with Section 6 of the POCSO Act.

The prayer for bail of the petitioner had been rejected by order dated 13.06.2023 passed by the learned Addl. Sessions Judge-cum-Special Judge, Sonepur.

Mr. P.K.Negi, learned counsel submits that the petitioner is in custody since 03.04.2023 and the petitioner and the victim were in a consensual relationship and got married to each other and were staying in Rajkot. When they came back to the village, as FIR had been filed by the mother of the victim, the petitioner was arrested and the victim who was three months pregnant was taken to her parents house. In her statement recorded under Section 164 Cr.P.C., the victim clearly states that the petitioner and she were love with each other since two years. On 17.11.2022, both of them had gone to Rajkot (Gujarat) without informing anybody and they had physical relations with each other. As she has conceived and was three months pregnant, they had returned to the village to the house of the petitioner. The police and her family members came and took her. He further submits that the petitioner is interested to take back the victim to his house as they have married each other and she is pregnant and has become a major.

Ms. S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that that charge sheet has been submitted under Section 376 (2) (n) of IPC and the victim who was pregnant has suffered a miscarriage, for which the petitioner should not be released on bail. The said instruction is taken on record.

Considering the nature of allegations against the petitioner, the submission of the counsel, the statement of the victim recorded under Section 164 Cr.P.C. and as the victim has attained majority in the meanwhile and had stated that she had married to the petitioner, I am inclined to release the petitioner on interim bail for a period of four months.

The petitioner-Pradip Bag shall be released on interim bail by the learned Court below in seisin over the matter on such terms and conditions as deemed fit and proper, including the following conditions:-

(i) He shall not indulge in any criminal activity while on bail.

(ii) He shall not try to tamper with evidence or influence prosecution witnesses while on bail.

(iii) He shall surrender before the learned trial court after expiry of the period of four months.

The BLAPL is disposed of.

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

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