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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Kesinga P.S. Case No. 272 of 2023 corresponding to C.T. Case No. 63 of 2023 pending in the Court of the learned Additional District Judge-cum-Special Court (POCSO Act), Bhawanipatna, Kalahandi in which chargesheet dated 15.09.2023 has been filed against the petitioner for commission of offences punishable under Sections 452, 354 (A), 354(B) of IPC read with Section 12 of the POCSO Act.
The allegations in brief against the petitioner are that when the minor victim was alone in the house, the petitioner entered the house and with ill-intention caught hold of her hand and tried to drag her to outside the house and when she raised halla, her uncle rushed to the house and rescued her.
Mr. Nihar Ranjan Mishra, learned counsel appearing from the virtual High Court, Kalahandi at Bhawanipatna submits that the petitioner is in custody since 23.07.2023 and false allegations have been made against him. He further submits that since investigation has been completed, the prayer for bail of the petitioner who is young man of 24 years may be sympathetically considered as he has no criminal antecedents.
Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner with ill-intention had dragged the victim girl from her house but due to timely intervention of her uncle, she has been rescued.
Considering the nature of allegations against the petitioner, the period of detention in custody and as investigation has been completed, I am inclined to allow the prayer for bail.
Let the petitioner, Umesh Chandra Saha be released on bail in connection with the aforesaid case to satisfaction of the court in seisin over the matter on any terms and conditions as deemed fit and proper by the court concerned subject to the following conditions:
I.He shall not threaten or try to contact the prosecution witnesses.
II.He shall not go near the house of the victim girl or the house of her parents or try to contact her.
III.He will not try to influence or threaten the prosecution witnesses.
IV. He shall not commit any offence while on bail. 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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