Panchu Patra vs State Of Odisha

V. Narasingh, J

In terms of the notice issued, learned counsel Mr. Amitav Mishra has appeared on behalf of the Informant.

Heard learned counsel for the Petitioner, learned counsel for the Informant and learned counsel for the State.

The Petitioner is an accused in connection with T.R. Case No.30 of 2023 pending on the file of learned Addl. District Judge-cum-Special Court, under POCSO Act, Puri, arising out of Kumbharpada P.S. Case No.34 of 2023 for commission of alleged offence under Section 376(2)(n)/376(3)/506 of IPC read with Section 6 POCSO Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District Judge-cum-Special Court under POCSO Act, Puri by order dated 14.12.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was disposed of by this Court by order dated 21.07.2023 in BLAPL No.6850 of 2023.

It is submitted by the learned counsel that the Petitioner is in custody since 07.02.2023 and as charge sheet has already been filed on 24.03.2023, Petitioner may be released on bail.

It is stated by the learned counsel for the Petitioner that in spite of summons being issued, no witnesses are turning up and also referring to the allegations against him, it is submitted that further continuance of the Petitioner in custody is not warranted.

Learned counsel for the Informant as well as State oppose the prayer for bail.

This Court perused the 164 Cr.P.C. statement of the victim on record.

Considering the same and taking into account the witnesses are not turning up and the Petitioner is stated to be the first offender and is in custody for more than a year, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to.

Further, it is directed that the Petitioner shall not in any way try to intimidate the victim and/or her family members.

It shall be open to the prosecution to seek variance of this order, in the event there is any threat perception.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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