HIGH COURT OF ORISSA
B. P. ROUTRAY, J
RAJESH KANDI – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL/5451/2020
03.
19.10.2020
This matter is taken up through video conferencing.
This is an application under Sec.439 Cr.P.C. for bail and
the offences alleged are under Secs.363/366/376/294/506/34, I.P.C. and
Sec.4 of the POCSO Act.
Heard learned counsel for the petitioner as well as learned
counsel for the State.
It is submitted on behalf of the petitioner that the petitioner
is inside custody since 18.7.2020 and in the meantime investigation being
completed, charge-sheet has been submitted for the offences under
Secs.363/366/376, I.P.C. and Sec.6 of the POCSO Act. It is also
submitted that the victim and petitioner were in love and have eloped
together.
After hearing learned counsel for the State and considering
the statement of the victim recorded under Sec.164, Cr.P.C. as placed by
learned counsel for the State and further considering the circumstances of
the case, it is directed to release the petitioner on bail in connection with
Salipur P.S. Case No.232/2020 corresponding to G.R. Case No.60/2020
on such terms and conditions to be fixed by the learned Addl. District
Judge-cum-Special Court under POCSO Act, Cuttack 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.
BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper
application.
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B.P. Routray, J.
BKB
BLAPL No.5451 of 2020