The victim's identification of the accused and the delay in filing the first information report are crucial factors in determining bail in alleged rape cases.

JUDGMENT

S.K. Sahoo, J. - Heard Mr. Soura Ch. Mohapatra, learned counsel for the petitioner and Mr. Chita Ranjan Swain, learned counsel for the State.

2. This is an application under section 439 Cr.P.C., 1973 in connection with T.R. Case No. 2013 of 2017 arising out of Khurda P.S. Case No. 198 of 2017 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar for alleged commission of offences punishable under sections 376(2)(f)(n)/376-D/312 of the Indian Penal Code, 1860 section 6 of the POCSO Act and section 67-A of the Information Technology Act, 2000.

3. The petitioner moved an application for bail before BLAPL No. 5003 of 2017 the Court of learned 1st Addl. Sessions Judge, Khurda which was rejected on 27.06.2017.

4. Learned counsel for the petitioner contended that the petitioner is in judicial custody since 16.05.2017 and in the meantime, charge sheet has been submitted under sections 376(2)(f)(n)/376-D/312 of the Indian Penal Code, 1860 section 6 of the POCSO Act and section 67-A of the Information Technology Act. The incident in question took place for the first time in the year 2014 but the first information report was lodged only on 10.05.2017. In the first information report, the victim has stated that one 'Babula' along with others committed rape on her at different point of time and in the 161 and 164 Cr.P.C. statements, she has stated that one 'Babuli' committed rape on her. It is contended that no T.I. parade report was conducted in respect of the petitioner. The parents of the victim namely Rabindra Muduli and Pramila Muduli introduced the full name of the petitioner in their statements for the first time which they came to know afterwards. It is further contended that since the victim was not aware about the full name of the petitioner and stated that it is one Babula/Babuli who committed rape on her, therefore, the statements of the parents giving the full name of the petitioner along with his alias name as 'Babuna' is very difficult to be accepted. He further submitted that in the meantime, the trial has already commenced and the victim has examined as P.W.1 and the chief examination is already over since 06.01.2018 but she is yet to be cross-examined. Placing the evidence of the victim who stated that she knew all the accused persons including Babula and accused Babula committed rape on her, it is argued that the victim has not identified the petitioner as 'Babula' in Court and therefore, it cannot be said that the identity of the petitioner as the culprit has been established. It is further contended that since the chief examination of the victim is already over and at this stage, there is no chance of tampering with the evidence or absconding of the petitioner, therefore, the bail application may be favourably considered.

5. Learned counsel for the State on the other hand opposed the prayer for bail and contended that the occurrence in question started in the year 2014 when the victim was sixteen years of age. Not only the victim was subjected to gang rape but the commission of rape was videographed for which the victim was exploited on the basis of such recording several times and the victim became pregnant due to gang rape which was terminated. It is contended that the manner in which the crime has been committed repeatedly by blackmailing the victim, the petitioner does not deserve to be released on bail. It is further contended that the victim has not only given the nick name of the petitioner right from the stage of lodging of the F.I.R. but also in Court while giving evidence during trial and she stated that she knew the petitioner. It is contended that since the victim has not been cross-examined as yet, there is every possibility of tampering with her evidence and in case the petitioner is released on bail, there is every possibility of destroying her marital life. It is contended that in view of the sentence provided for the offences and the materials available on record in support of the e