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Judgment
S.K. Sahoo, J
This matter is taken up through video conferencing Mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Gourumahisani P.S. Case No. 51 of 2020 corresponding to S.T. Case
No. 83 of 2020 pending in the file of learned Addl. Sessions Judge, Rairangpur for alleged commission of offences under sections 450,376(1) and 506
of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Rairangpur vide order dated 13.01.2021.
It appears from the case record that the petitioner is a married person and the statement of the victim, who is aged about twenty two years
indicates that the petitioner kept forcible physical relationship with her for which she became pregnant and gave birth to a child. The D.N.A. test of
the child has not been conducted to determine the paternity aspect as submitted by the learned counsel for the State on instruction.
Considering the nature and gravity of accusation and the statement of the victim, while not inclining to release the petitioner on bail, I direct the
learned trial Court to expedite the trial and at the first instance take steps for examination of the victim and for ensuring the attendance of the victim,
the learned trial Court shall take the assistance of the Inspector in-charge of Gourumahisani Police Station.
The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.
The Investigating Officer shall do well to take steps for conducting D.N.A. test of the child to determine the paternity aspect, if the same has not
already been done.
Let a copy of this order be handed over to the learned counsel for the State, which will be communicated to the concerned Investigating Officer.
Copy of the order be communicated to the learned trial Court for compliance.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
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