Tukulu @ Aditya Panda vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Spl. (POCSO) Case No. 133 of 2022, arising out of Jajpur Sadar P.S. Case No.312 of 2022 pending in the file of learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Jajpur for commission of offences punishable under Sections 376(2)(n)/ 363/ 366/376(3) of IPC r/w Section 6 of the POCSO Act, on the allegation of kidnapping the mentally challenged victim and committing rape and aggravated penetrative sexual assault upon her resulting in victim getting pregnant.

In the course of hearing of the bail application, Mr. K.K. Pahil, learned counsel for the petitioner submits that the F.I.R. has been lodged against the petitioner after nine months of the occurrence and the petitioner having detained in custody on false accusations may kindly be granted bail.

On the other hand, Mrs. S.R. Sahu, learned ASC by placing the statement of the victim prays to reject the bail application of the petitioner. Mr. R.D. Nayak, learned counsel for the Informant submits that the victim is a mentally challenged person and she was ravished by the petitioner and thereby, the petitioner is not entitled to get bail.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and circumstance of the commission of the crime and regard being had to the fact that the victim is a mentally challenged person and taking into account the other circumstance on record in entirety, this Court is not inclined to grant bail to the present petitioner.

Hence the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

…………………………….