Advocates:
['M/S AKSHYA KUMAR SAHOO', '', 'S K PRADHAN', 'A K PARIDA']

BLAPL No.1171 of 2016

07. 20.10.2016 Heard learned counsel for the petitioner and t

he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit

ioner on bail who allegedly involved with the offence under Sections 376(2)(1)/354(D)/(2) of t

he Indian Penal Code read with Section 6 POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has bee

n falsely implicated in this case and the injury report does not disclose any forcible sexual

intercourse. He further submits that in the meantime charge sheet has been submitted for which

lenient view may be taken to release the petitioner on bail on any condition as deemed just a

nd proper. Learned Addl. Standing Counsel opposes the prayer for bail.

3. Considering the submissions of learned counsel for the respective parti

es, regard being had to the facts and circumstances of the case including the statement of the

victim girl about the sexual assault, fact that the victim girl was examined on the next day

of occurrence but in the injury report, there is no sign or symptom of recent forcible sexual

intercourse, fact that in the meantime charge sheet has been submitted and the fact that the p

etitioner being a local person, there is no chance of his absconding or influencing the witnes

ses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fi

fty thousand) with two solvent sureties each for the like amount to the satisfaction of the le

arned Sessions Judge-cum-Special Judge, Sundergarh in Special G.R. Case No.43 of 2015 with the

conditions that (i) The petitioner shall appear before the court in seisin over the matter on

each date of posting (ii) he shall not tamper with the prosecution witnesses directly or indi

rectly and (iii) he shall not commit any offence while on bail.

Violation of any of the aforesaid terms shall entail cancellation of the bail.

Accordingly the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

.........................

Dr.D.P.Choudhury,J

Basu

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