Manoj Patra Vs State Of Odisha

Orissa High Court 5 Jul 2021 Bail Application No. 490 Of 2021 (2021) 07 OHC CK 0027
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 490 Of 2021

Hon'ble Bench

B. P. Routray, J

Advocates

S.P.Dash, Karunakar Gaya

Final Decision

Disposed Of

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 164, 439
  • Indian Penal Code, 1860 - Section 363, 376(2)(n), 376(3), 506
  • Protection of Children from Sexual Offences Act, 2012 - Section 6

Judgement Text

Translate:

B. P. Routray, J

1. This matter is taken up by video conferencing mode.

2. It is stated by the learned counsel for the State that notice has been served on the informant through police on 24.2.2021.

3. Heard learned counsel for the Petitioner and learned

counsel for the State.

4. This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner in connection with C.T.Case No.131 of 2020 arising out of

Rairangpur Rural P.S.Case No.144 of 2020 pending in the court of the learned P.O., Special Court under POCSO Act, Mayurbjanj, Baripada for

alleged commission of offence under Sections 363/376(2)(n)/ 376(3)/506 of the I.P.C and Section 6 of the POCSO Act.

5. It is submitted that the Petitioner is inside custody since 19.11.2020 and in the meantime investigation has been completed. It is also submitted that

the Petitioner and the victim were in love relationship and had eloped together.

6. After hearing learned counsel for the State and considering the statement of the victim recorded under Section 164 Cr.P.C. as well as the

circumstances of the case, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned

court below in seisin over the matter, 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.

7. The BLAPL is disposed of.

Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4798, dated 15th April, 2021.

……………………………

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