BABULI SRICHANDAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned State Counsel on the application under Sec. 439, Cr.P.C, for release of the petitioner on bail who allegedly involved with the offence under Sections 366/376(2)(i)/511/506 of the Indian Penal Code read with Sections 7/8 of the POCSO Act.

(2.) Learned counsel for the petitioner submits that the statement of the victim girl does not disclose about any attempt to rape or rape committed upon her and due to a village dispute, this case has been foisted against the present petitioner. He further submits that the report of the doctor also does not disclose any injury on the person of the victim and in the meantime charge sheet has been submitted for which lenient view may be taken to release the present petitioner on bail with any condition as deemed fit and proper. Learned counsel for the State opposes the prayer for bail.

(3.) Considering the submission of the learned counsel for the respective parties and regard being had to the facts and circumstances of the case including the medical report showing no injury on the person of the victim girl, fact that the statement of the victim girl does not disclose about any forcible attempt to commit rape, fact that in the meantime charge sheet has been submitted and the fact that the petitioner being a local person, there is no chance of his absconding or tampering with the prosecution evidence and considering the nature of allegation and the offences, let the petitioner be released on bail in connection with T. R. No. 149/2015 pending in the Court of the learned Special Judge-cum-Sessions Judge, Khurda at Bhubaneswar on furnishing bail bond of Rs. 50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to the satisfaction of the Court in seisin over the matter with the conditions that (i) The petitioner shall appear before the Trial Court on each and every date of posting; (ii) He shall not tamper with the prosecution witnesses directly or indirectly; and (iii) He shall not commit any offence while on bail.