Ajay Kumar Parida Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Bolagarh P.S.Case No.234 of 2023 corresponding to T.R.Case No.493 of 2023 pending in the Court of the learned Special Judge (POCSO) cum Additional Sessions Judge, Bhubaneswar for alleged commission of offence under Sections 363, 366, 376(2)(n), 376(3)of Indian Penal Code read with Section 6 of POCSO Act.

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It is submitted by the learned counsel for the Petitioner is in custody since 22.09.2023. He submitted that the investigation has been concluded and final Charge Sheet has

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been filed. Learned counsel for the Petitioner referring to the prosecution case submitted that the Petitioner as well as the victim were in love relationship. He further contended that the informant being harassed by her family members, she left her parental house. Thereafter she fled away with the Petitioner to Chenai. In Chenai they stayed together. When they returned to Odisha, the Petitioner was arrested by the Police.

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Learned counsel for the Petitioner further referring to 164 Cr.P.C. statement of the victim, submitted that although the victim is aged about 15 years, the Petitioner has not forcibly taken away the victim. He further contended that in her statement the victim has categorically stated that during the period she stayed with the Petitioner she had no physical relationship with the Petitioner. On such ground, learned counsel for the Petitioner submitted that no case under the alleged sections 366,376 of the Indian Penal Code is made out against the Petitioner. Further, he submitted that taking into consideration the fact that investigation has been concluded and the period of custodial detention of the Petitioner, learned counsel for the Petitioner prays for release of the Petitioner on bail on suitable terms and conditions.

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Leaned Additional Standing Counsel on the other hand objected to the release of the Petitioner on bail on the ground that the victim was minor at the time she fled way with the Petitioner. He further submitted that on the basis of the complaint lodged by the mother of the victim the Police rescued the victim from Bhubaneswar Railway Station and the Petitioner was arrested. He further contended that since the victim is a minor and keeping in view the surrounding facts

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and circumstances a case is well made out against the Petitioner and accordingly he prays for rejection of bail application of the Petitioner.

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On perusal of the case diary and the statement of the victim recorded under section 164 Cr.P.C., this Court observes that the victim statement has been recorded by the magistrate. In the 164 Cr.P.C. statement, she has stated that she had love relationship with the Petitioner. Further she disclosed the fact to the Petitioner that her mother ill-treated her, thereafter she left her house. On the way she contacted the Petitioner. Thereafter at her own instance the victim fled away from the State of Odisha and she lived at Chenai for nine days. In her 164 Cr.P.C. statement she further stated that during her stay they had no physical relationship and that the Petitioner never forced her for sexual relationship with her. On perusal of 164 Cr.P.C statement, it appears that he victim had gone on her own volition.

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Taking into consideration the aforesaid fact and considering the submissions made by the learned counsel for the respective parties, further taking into consideration the period of custodial detention and keeping in view the 164 Cr.P.C statement of the victim, this Court is inclined to grant bail to the Petitioner with certain conditions and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter on such terms and conditions that would be fixed by the learned court in seisin over the matter. Violation of

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conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra)

Judge

RKS

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Signature Not Verified Page 5 of 5 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 16-Aug-2024 15:56:03

Ajay Kumar Parida v. State of Odisha

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Ajay Kumar Parida v. State of Odisha

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