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Judgment
11 paragraphs · 407 wordsSavitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Daspalla P.S. Case No. 114 of 2023 corresponding to Special G.R. Case No. 39 of 2023 and S.T. Case No. 95 of 2023 pending in the court of the learned Additional Sessions Judge, Nayagarh under POCSO Act where the petitioner is facing trial for commission of offences punishable under Sections 376(2)(n), 376(3) of the IPC and Section 4(2) and 6 of the POCSO Act.
The prayer for bail of the petitioner has been rejected vide order dated 30.11.2023 by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh in T.R. Case No. 95 of 2023.
The prosecution allegation in brief against the petitioner is that the victim aged about 14 years and her sister were working in a Hotel along with the petitioner. The petitioner kept physical relationship with her and as a result of which she conceived and gave birth to a child.
Mr. Narasingh Barad, learned counsel appearing from the virtual High Court at Nayagarh submits that false allegations have been made against the petitioner who is a poor person. He further submits that F.I.R. has been lodged only after the victim has conceived from which it is apparent that the allegations against the petitioner are false. He further submits that the petitioner is in custody since more than 7 months for which he is unable to defend his case properly in the trial.
Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the victim is only aged about 14 years and on account of the sexual assault by the petitioner, she has conceived and given birth to a child at this young age. He further submits that trial has commenced and out of 19 witnesses, 6 witnesses have been examined for which if the petitioner is released on bail he is likely to tamper with the evidence and influence prosecution witnesses.
Considering the nature of allegations against the petitioner and the age of the victim girl, I am not inclined to release the petitioner on bail.
The BLAPL is accordingly dismissed.
Liberty is granted to the petitioner to move the learned court below for bail afresh in case there is undue delay in completion of trial.
Urgent certified copy of this order be granted on proper application in course of the day.
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