Suchitra Naik vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Sorada P.S. Case No.286 of 2023 corresponding to G.R. Case No.212 of 2023 for the offences under Sections 363/366/376(2)(n)/376(3) of I.P.C. read with section 6 of the POCSO Act pending in the Court of the learned Additional Sessions Judge – cum- Special Court under POCSO Act, Berhampur.

The allegation against the petitioner as per the F.I.R is that on 20.06.2023 while the mother of the victim was absent at her house, the petitioner kidnapped her daughter and taken her to Bhubaeswar and then shifted to Hyderabd. The petitioner kept forcibly physical relationship with the victim.

Vide order dated 13.02.2024, the Coordinate Bench of this Court has issued notice to opposite party no.3. However, nobody has appeared on behalf of the said opposite party. While the bail application was being dealt with by the Court below, similar attempt was made to serve the notice on the victim and the informant. Despite repeated efforts by the trial Court, service of notice could not be effected on the informant. The trial Court inter alia has recorded that the informant-cum-mother of the victim neither turned up after sufficient of service of notice upon her nor did she supply the correct and current address of the victim to the I.O. In such a situation, the accused cannot be allowed to wait for uncertain period for consideration of his bail application.

Perused the statement of the victim recorded under Section 164 of the Cr.P.C. The victim in her statement inter alia stated that she was in love relationship with the accused. He took her to Bhubaneswar and thereafter to Hyderabad. Since the victim was aged about 16 years old, Section 6 of the POCSO Act has been invoked in the present case.

Taking into consideration the period of custody from 08.11.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed and the fact that the victim is not traceable, 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 shall not tamper with the evidence or try to influence any witnesses in any manner whatsoever.

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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