PADMAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No. 05 of 2023, arising out of Koraput Town P.S. Case No.309 of 2022 pending in the file of learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Jeypore in Koraput for commission of offences punishable under Ss. 366/ 376(2)(n)/ 294/506 of the IPC r/w Sec. 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

(3.) In the course of hearing of the bail application, Mr. A.N. Pattanayak, learned counsel for the petitioner by drawing attention of this Court to the evidence of victim and her parents produced in the shape of the certified copy of depositions of P.Ws. 1 to 3, submits that there is absolutely no material on record to indicate that the petitioner has committed any offence, but even if the materials on record are taken into consideration, it would appear a case of elopement and the petitioner having not done anything for elopement and he having detained in custody since long, may kindly be granted bail. Mr. Pattanayak further submits that since the victim and her parents have already been examined in this case, there appears little apprehension of tampering of the prosecution evidence or influencing the other witnesses and the petitioner in all probability would attend the Court on each date of posting in case he is granted bail. On the aforesaid submission, Mr. Pattnayak, learned counsel for the petitioner prays to grant bail to the petitioner.