Siba @ Gobardhan Naik vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Spl. (POCSO) Case No.01 of 2021 arising out of Banarpal P.S. Case No.03

of 2021 pending in the Court of learned Addl. Sessions Judge â€" cum- Special Court under POCSO Act, Angul for offences punishable under

sections 376(3)/506/294/ 323/417/34 of the Indian Penal Code read with section 4 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge â€"cum-Special Court under POCSO Act, Angul

which was rejected on 19.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.01.2021 and he has been charge sheeted under

sections 376(3)/506/294/ 323/417/34 of the Indian Penal Code read with section 4 of the POCSO Act. He further submitted that in the meantime, the

victim has already been examined in the trial Court as P.W.1 and she stated her age to be nineteen years and further stated that the petitioner kept

physical relationship with her once with her consent.

An affidavit was filed by the victim in which it is mentioned that she wanted to marry the petitioner and both the families along with the petitioner

are ready and willing for such marriage.

Learned counsel for the State was asked to obtain instruction on such affidavit filed by the victim.

Mr. Anupam Rath, learned Standing Counsel appearing for the State submitted that it is genuine affidavit and the victim is ready and willing to marry

the petitioner so also both family members have no objection in such marriage.

Learned counsel for the informant also has no objection to the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of

detention of the petitioner in judicial custody, the affidavit filed by the victim and the instruction obtained by the learned counsel for the State, I am

inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may

deem just and proper.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

.……………………………