High CourtsSingle Bench(2021) 07 OHC CK 0029

Rajesh Mallik@Kanha Malik vs State Of Odisha And Others

Orissa High Court · Decided on 5 July 2021

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1696 Of 2021

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Judgment

16 paragraphs · 258 words

B. P. Routray, J

1.

This matter is taken up by video conferencing mode.

2. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.363/366/376(2)(n)/376(3), I.P.C. and Secs.4/6 of

the POCSO Act.

3. It is submitted by learned A.S.C. that notice has been made sufficient on the informant through Police on 19.4.2021.

4. Heard learned counsel for the Petitioner as well as learned A.S.C. for the State-Opposite Party No.1.

5. It is submitted by learned counsel for the Petitioner that the Petitioner is inside custody since 07.01.2021 and in the meantime investigation has

been completed. It is also submitted that the Petitioner and the victim were in love relationship and eloped together.

6. After hearing learned A.S.C. for the State and considering the statement of the victim recorded under Sec.164, Cr.P.C. as well as the

circumstances of the case, it is directed to release the Petitioner on bail in connection with Mangalpur P.S. Case No.481/2020 corresponding to C.T.

(Spl.) (POCSO) No.07/2021 on such terms and conditions to be fixed by the learned Addl. Sessions Judge-cum-Special Judge, Jajpur as he deems just

and proper including the condition that the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise

acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

7. BLAPL is accordingly disposed of.

8. Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4798, dated 15th April, 2021.

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