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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 30.05.2023 in connection with Bisoi P.S. Case No.56 of 2023 corresponding to C.T. Case No.37 of 2023 pending in the Court of learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada for the alleged commission of offence under Sections 376(2)(n)/365/367/368/307/120-B of IPC read with Section 6 of POCSO Act, Section 25 and 27 of Arms Act and Sections 3(1)(r)/3(2)(v)/3(2)(va) of SC and ST (POA) Act.
It is alleged that the petitioner forcibly took away the victim girl and committed rape on her. He also attempted to kill her by strangulating her and by firing from a gun.
Mr. M. Kanungo, learned Senior Counsel submits that the petitioner and the victim were in a steady relationship for a long time and only because of a trivial dispute, dissension arose between them. At best the petitioner may have attempted to assault the victim out of anger without any definite intention to take her life.
Learned State Counsel has opposed the prayer for bail by referring to the case diary. He has produced the statement of the victim recorded under Section 164 of Cr.P.C. as also medical examination report to submit that the allegations made are fully substantiated.
Having considered the rival submissions and having perused the case diary including the statement of the victim and the medical examination report, I find a strong, prima facie, case against the petitioner, for which I am not inclined to allow the prayer for bail. The BLAPL is accordingly rejected.
Liberty is however, granted to the petitioner to renew his prayer after examination of the victim during trial.
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