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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1973 of 2022

Chandan Malik@Chandan Mallik

….

Petitioner

Mr. S.K. Dwibedi, Advocate

-versus-

State of Orissa and another

…. Opposite Parties

Ms. S. Mishra, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

12.05.2022

Order No.

02.

1. This is an application under Sec.439 Cr.P.C. for bail and the

offences alleged are under Secs.363/365/366/376(3)/376(2)(n),

I.P.C. and Sec.6 of the POCSO Act and Section 9 of the

Prevention of Child Marriage Act, 2009.

2. Heard Mr. S.K. Dwibedi, learned counsel for the Petitioner as

well as Ms. S. Mishra, learned A.S.C. for the State-Opposite

Party.

3. It is submitted that the Petitioner is inside custody since

13.12.2020 and during his release on interim bail, the victim

again came to his house and stayed there, for which another case

in Itamati P.S. Case No.180/2021 is registered. It is further

submitted that as per the statement of the victim recorded under

Sec.164, Cr.P.C. in both the cases, the victim has stated her love

relationship with the Petitioner and wanted to stay in the house of

the Petitioner. The Petitioner is a boy aged about 21 years only.

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4. Miss S. Mishra, learned A.S.C. for the State-Opposite Party

on the other hand submits that the victim being a girl below the

age of 15 years, her statement with regard to willingness to stay

with the Petitioner is not acceptable.

5. Upon hearing both parties and considering the statement of

the victim recorded under Sec.164, Cr.P.C. and the surrounding

circumstances of the case, it is directed to release the Petitioner

on bail in connection with Itamati P.S. Case No.145/2020

corresponding to T.R. Case No.24/2021 on such terms and

conditions to be fixed by the learned Additional Sessions Judge-

cum-Special Judge under the POCSO Act, Nayagarh 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.

6. The BLAPL is disposed of.

7. An urgent certified copy of this order be granted on proper

application.

( B.P. Routray)

Judge

B.K. Barik