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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is accused in S.T. Case No.43 of 2023 pending on the file of learned Ad hoc Addl. Sessions Judge (FTSC), Balasore, arising out of Raibania P.S. Case No.38 of 2016 for commission of the alleged offence under Sections 341/376(1)/506 IPC
It is submitted by the learned counsel that the Petitioner is in custody since 03.12.2022.
It is further submitted that the victim is not appearing in the trial. Hence, further continuance of the Petitioner in custody is not warranted.
Learned counsel for the State opposes the prayer for bail referring to the statement of the victim as well as of her father examined as P.W.2.
Considering the statement at the Bar that the victim is not appearing, a report was called for from the learned Court in seisin. The relevant portion of the report is culled out hereunder:
“xxx xxx xxx
On perusal of the case record in ST No.43 of 2023, it is found that being summoned victim has been produced on dtd.27.09.2023 for her examination and on that day as PW 1, her examination in chief was started in course of which victim felt uneasy and as remained silent with this endorsement, further examination in chief of the witness (after seven lines) was deferred to dtd.17.10.2023. On the date fixed on dtd.17.10.2023, victim was produced for her further examination-in-chief. Her evidence in three lines could have been recorded on that day. Due to unsuitable demeanour of the victim who sometimes laughed, spoke sometimes in loud voice and said that she lives in America, she was found not in sound state of mind for which with this endorsement further examination in chief of the victim-P.W1 has been deferred on dtd.17.10.2023. Case has been posted to dtd.03.01.2024 for further examination in chief of the victim. She has been summoned and summon also issued in favour of her father for evidence on dtd.03.01.2024.
On the date fixed on dtd.03.01.2024, father of the victim only appeared in the Court as produced by the learned counsel of the State. It has been submitted by the learned of the State that for the treatment of the victim, her father had taken her to Fakir Mohan Medical College and Hospital, Balasore on dtd.06.12.2023 but doctor referred the patient to higher centre at SCB Medical College & Hospital, Cuttack and accordingly father of the victim took the victim to SCB Medical College & Hospital, Cuttack on the same day. On dtd.10.12.2023 from the Casualty of SCB Medical College & Hospital, Cuttack victim was found missing for which on the same day i.e. on dtd.10.12.2023 her father gave information in Mangalabag PS, Cuttack basing on which Missing Person Registration No.09 dtd.10.12.2023 has been registered at 13.19 hours.
The father of the victim on being asked has reported that his daughter (victim) was found missing from the casualty of SCB Medical College & Hospital, Cuttack on dtd.10.12.2023 for which he gave information to the police. Till date i.e. till dtd.03.01.2024 victim has not yet been traced out. As such, though he received the summon of the victim issued in her favour from the Court but unable to produce her in the Court to adduce evidence. Through the learned counsel of the State, father of the victim filed Copy of the OPD Ticket dtd.06.12.2023/ 09:46.10 AM of Fakir Mohan Medical College and Hospital, Balasore, Copy of the Emergency Card dtd.06.12.2023/ 17:34 of SCB Medical College & Hospital, Cuttack and Copy of Missing Person Registration No.09 dtd.10.12.2023 of Mangalabag PS, Cuttack.
On dtd.03.01.2024, learned Counsel of the State examined the father of the victim as PW2 who has been examined-in-chief, cross examined and discharged on the same day on dtd.03.01.2024. Submitting herewith the copy of the depositions of the victim examined as PW1 and her father examined as PW 2 for kind perusal of the Hon’ble Court. Also submitting here with the Copy of the OPD Ticket dtd.06.12.2023 of Fakir Mohan Medical College and Hospital, Balasore, Copy of the Emergency Card dtd.06.12.2023 of SCB Medical College & Hospital, Cuttack and Copy of Missing Person Registration No.09 dtd.10.12.2023 of Mangalabag PS, Cuttack.
This is a case U/Sec.341/376(1)/506 IPC. Charge sheet has been submitted with the list of 38 witnesses. Victim appeared in the Court on dtd.27.09.2023 on which date the further examination in chief of the victim was deferred as she felt uneasy. With endorsement of her ill state of mind further examination in chief of the victim was deferred also on dtd.17.10.2023. With that endorsement her further examination has been deferred. On the next date of posting on dtd. 03.01.2024 missing information of the victim was given by her father and on that date father of the victim has been examined/cross-examined and discharged as PW2. In view of the matter, I prayed for at least six months’ time to conclude the trial.
xxx xxx xxx”
Considering such report and the peculiar facts of the case at hand, this Court directs the release of the Petitioner on interim bail for a period of three months from the date of his release. Learned Court in seisin shall fix the terms.
Additionally, it is directed that during currency of interim bail period, the Petitioner shall appear before the learned Court in seisin on the date fixed without fail.
It is needless to state that after expiry of the interim bail period, Petitioner shall surrender.
List the BLAPL on 08.05.2024.
Urgent certified copy of this order be granted as per rules.
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