Sipu Digal vs State Of Odisha And Another

S.K. Panigrahi, J

The matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Government Advocate.

The petitioner being in judicial custody in connection with Khajuripada P.S. Case No.43/2015, corresponding to G.R. Case No.50/2015 on the file of learned Sessions Judge-cum-Special Court, under POCSO Act, Phulbani for the commission of offence under Sections 363, 366, 376(2)(i)(n) of the IPC read with Section 6 of the POCSO Act, has filed this application under Section 439 of the Cr.P.C. for his release on bail.

The case of the informant, as alleged in the FIR, is that on 19.05.2015, he along with his wife were absent in their house and after returning they could not find the victim girl in their house. On the same day, at 8.00 P.M., they got telephonic call from their daughter that she has gone with the present petitioner, who promised to marry her. It is further submitted that while the victim was examined as defence witness, the prosecution moved an application before this Court vide CRLMC No.1959/2017 in which trial of the case has been stayed.

Learned counsel for the petitioner submits that the petitioner is in judicial custody for the last five years. He further submits that in the meantime, 8 witnesses have been examined and out of them, victim has been examined as P.W.1. However, during her examination, on 18.01.2017, she has categorically stated that she had been to her elder sister's house in absence of her parents. After knowing the facts, her father filed the FIR against the present petitioner. Therefore, the petitioner should be released on bail.

Learned counsel for the State vehemently opposes the prayer for bail of the petitioner.

Keeping in view the aforesaid consideration, the facts of the case, the period of detention of the petitioner in judicial custody without trial being commenced and there is a bleak chance of completion of trial in future, the BLAPL is allowed.

Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter with further conditions that:-

i. he shall cooperate with the trial on each date of posting of the case;

ii. he shall not indulge in any kind of criminal activity while on bail and shall not tamper the evidence of prosecution witnesses in any manner.

iii. he should not intimidate or threat the victim or her family.

Violation of any of the conditions shall entail cancellation of the bail.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

.............................