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Judgment
S. K. Panigrahi, J
This mattter is taken up by virtual mode.
Heard, learned counsel for the appellantt, learned counsel for the informant and learned counssel for the State.
The apppellant has preferred this Criminal Appeal challengingg the order dated 23.11.2020 passed by the learned Addditional District Judge cum -
Special Court, under POCSO Act, Angul in Special Case No. 51 of 2020 (Arising out ofNalco Township PS Case No. 103 of 2020).
The fact of the case is that on 07.08.2020 the informant woke up to find his daughter missing from the house. The informant and his wife looked for
the victim in the nearby places andd on not finding her registered an F.I.R. On investigatioon, the police rescued the victim fromm a locked up room. It
was found that the victim was blaackmailed, kidnapped and repeatedly raped. Owing to the forced sexual relaationship the victim has tested poositive
for pregnancy.
Learned counsel for the appellant submits that there are no incrriminating evidences found against thhe present petitioner. Further, the victim and
the petitioner were having an affair and got eloped together.
Learned counsel for the State vehemently oppposed the bail of the appellant placing the 164 Cr.P.C. staatement of the prosecuutrix wherein she
has stated that thoough there was love reelation between them but there is no point of elopement as the petitioner forcibly took her in a car by
blackmailinng her that he would commit suicide if she refuses to go with him. Later she was repeatedlyy raped by the petitionner confining in a room.
Considdering the nature and gravity of the accusation, character of evidence appearing against the Petitioner, the stringent punishment provided and
that there are reasonable grounds for believing that the Petitiooner is not guilty of thhe offence alleged nor does he likely to commit any such offence,
which is not possible to recoord in this case. The prayer for bail is devoid of merit. Hence, the prayer for bail stands rejected. .
Accordinngly, the CRLA stands disposed of.
As the restrictions due to resurgence of Covvid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the
High Court’s website, at par withh certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed
vide Court’s Office Order dated 7th January, 2022.
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