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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with Special POCSO case No. 01 of 2024, arising out of Banarpal P.S. case No. 7 of 2024, pending in the Court of learned A.D.J.-cum-Special Court under POCSO Act., Angul for alleged commission of offence punishable under Sections 376 (2) (n), 376 (3), 450 of I.P.C. and Section 4 (2) 6 (1) of POCSO Act.
Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 06.01.2024. He further contended that investigation has been concluded and charge sheet has been filed. Further, contended that in the meantime the trial has been commenced and the victim already examined. Referring to the deposition of the victim who is the P.W.2, it is submitted that the victim and her father has not supported the case of the prosecution. On the contrary, due to misunderstanding the present case has been filed.
Learned Additional Standing Counsel on the other hand submitted that it is not disputed the fact that the victim as well as her father has not supported the case of the prosecution.
Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.
Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.
The BLAPL is, accordingly, disposed of..
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