High CourtsSingle Bench(2021) 11 OHC CK 0115

Surya Narayan Mallick vs State Of Orissa

Orissa High Court · Decided on 17 November 2021

HON’BLE JUDGES
B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6881 Of 2021

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Judgment

8 paragraphs · 226 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.363/366/376(2)(n)/34, I.P.C. and Sec.6 of the POCSO Act.

2.

Heard Mr. R.C. Ojha, learned counsel for the Petitioner as well as Miss S. Mishra, learned A.S.C. for the State-Opposite Party.

3.

It is submitted by learned counsel for the Petitioner that the Petitioner is inside custody since 22.8.2019 and in the meantime investigation has been completed resulting submission of charge-sheet. It is further submitted that the Petitioner and the victim were in love relationship.

4.

Upon hearing learned A.S.C. and perusal of the statements of the victim recorded under Sections 161 and 164 of the Cr.P.C. and considering the circumstances of the case, it is directed to release the Petitioner on bail in connection with Simulia P.S. Case No.202/2019 corresponding to Special Case No.226/2019 on such terms and conditions to be fixed by the learned Special Judge (POCSO), Balasore as he deems just and proper including the condition that the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence

5.

The BLAPL is accordingly disposed of.

6.

An urgent certified copy of this order be issued as per rules.

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