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Judgment
12 paragraphs · 377 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Handapa P.S. Case No.42(5) of 2011 corresponding to C.T.(S) Case No.33 of 2011 for the offences under Sections-363/366-A IPC pending in the learned Asst. Sessions Judge, Athamallik, Angul.
The allegation against the petitioner in the F.I.R. lodged by one Sanjukta Dehuri is that on 04.04.2011 at about 11 AM, the petitioner had kidnapped her daughter namely Kumari Rukmini Dehuri from the village without her knowledge. She searched for her daughter everywhere, but she could not trace her. When the informant rang up to the petitioner, he replied that he is a police officer, so do not disturb him. Thereafter she went to his house and on being asked, his father told that his son and her daughter are not in his house. Finding no way out, she lodged this F.I.R.
The petitioner was granted bail on 18.08.2011 by the Coordinate Bench in BLAPL No.12802 of 2011. Since he has not appeared before the Court below, N.B.W. was issued against him and he was taken to custody.
The petitioner had applied for regular bail before the learned Asst. Sessions Judge, Athmallik. The learned Court below vide its order dated 22.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody of the petitioner since 22.01.2024 and the nature of accusation, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and he shall not tamper with the evidence in any manner whatsoever.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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