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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Chandrasekharpur P.S. Case No. 221 of 2023 corresponding to T.R. Case No. 259 of 2023 pending in the court of the learned Ad hoc Additional Sessions Judge (FTSC-II), Bhubaneswar under Sections 363, 376 (3), 376 (2) (n) of IPC read with Section 4(2)/6 of the POCSO Act.
The prosecution allegations in brief are that the petitioner and the victim belong to village Mutunia under Kakatpur Police Station. The victim was attending tuition at Coaching Centre at SAI Coaching Centre, Sailashree Vihar. On 02.05.2023, she was found missing. She was ultimately recovered from Bhawanipatna. She has alleged that she knows the petitioner and on being called by him, she accompanied him to Bhawanipatna where he kept sexual relationship with her without her consent.
Mr. S.R. Pati, learned counsel for the petitioner submits that the petitioner and the victim are in love with each other and she had gone voluntarily with the petitioner and stayed with him. But after her father lodged F.I.R. she was rescued by the Police and the petitioner was arrested and is in custody since 08.05.2023. He is aged about 21 years and charge has already been framed for which the petitioner may be released on bail.
Perused the rejection order. Considering the nature of allegations against the petitioner, I do not think it fit to release the petitioner on bail before examination of the victim girl in the trial.
The BLAPL is accordingly dismissed granting liberty to the petitioner to move the learned trial court for bail afresh after examination of the victim girl.
Urgent certified copy of this order be granted on proper application.
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