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Judgment
Savitri Ratho, J
Heard Mr. S.K. Tripathy, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dunguripalli P.S. Case No.90 of 2023 corresponding to G.R. Case No. 85 of 2023 pending in the Court of the learned J.M.F.C., Dunguripalli where charge sheet has been filed under Sections 363, 366, 370(4), 370(2) of IPC.
The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Sonepur which was rejected on 25.07.2023.
The prosecution allegation in brief is that on 08.06.2023 at about 1.00 p.m., the petitioner has kidnapped the victim girl aged about 7 years. While he was escaping with the child, he was caught by the villagers and the child was rescued from the Malichhitnian temple and the petitioner was caught while he was trying to escape and taken to San Nuapali village.
Mr. A. Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 09.06.2023 and the investigation has been completed in the case. He further submits that the petitioner does not have any criminal antecedents.
Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State submits that instruction dated 29.10.2023 received from the I.I.C., Dunguripali Police Station wherein it has been stated that on verification of available records of Dunguripali Police Station and CCTNS records, nothing adverse has come against the petitioner except this case. The instruction dated 29.10.2023 is taken on record. He further submits that the victim girl was rescued on account of the timely action of the villagers for which the petitioner should not be released on bail.
Considering the respective submissions, period of detention of the petitioner in judicial custody, rescue of the victim girl, absence of the criminal antecedent and the fact that the investigation has been completed, I am inclined to allow the prayer for bail.
Let the petitioner- Samanta Mahaling be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions:
(i) He will not indulge in any criminal activity while on bail.
(ii) He will not threaten or try to influence prosecution witnesses while on bail and will not go near the house of the victim girl.
(iii) He will report before the I.I.C., Dunguripalli Police Station once on every alternative Sunday of each month between 10.00 a.m. to 2.00 p.m., till conclusion of trial.
(iv) He will remain present in the trial Court on each date it is fixed for trial unless his appearance is dispensed with by the learned trial Court on that day.
Violation of any condition will entail in cancellation of bail/recall of this order.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
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