BLAPL/8312/2016 of ASHOK MOHANTY Vs STATE OF ORISSA on 28 December 2016

BLAPL No.8312 of 2016

28.12.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate. Perused the certified copy of the statement of the victim girl recorded under Section 164 of the Cr.P.C. by the learned SDJM, Phulbani. Feed The petitioners have been implicated for the alleged commission of offence under Sections 354-A, 354-D & 506 of the IPC read with Section 8 of the POCSO Act in C.T. Case No.188/2016 of the court of learned Addl. Sessions Judge-cum-Special Judge, Phulbani, arising out of Phulbani Town P.S. Case No.308/2016.

It is apparent from the record that the only allegation against the present petitioner is that he caught hold hand of the victim girl and gave a kiss on her cheek. The offences under Sections 354-A, 354-B of the IPC and Section 8 of the POSCO Act have been registered against the petitioner. Offences under Sections 354-A, 354-D of the IPC are bailable in nature. The offences under Section 506 of the IPC and Section 8 of the POSCO Act are not punishable with terms of imprisonment exceeding seven years. Moreover, the petitioner is a permanent resident of Kuakhia, P.S. Dharmasala, Dist. Kandhamal, which precludes any chance of his absconding from justice. There is also no allegation from the side of the prosecution that the petitioner will tamper with the prosecution evidence, if he is released on bail.

Keeping in view the aforesaid consideration, the Application of Anticipatory Bail is allowed. Let the petitioner be released on bail on such terms and conditions as deemed just and proper by the learned Addl. Sessions Judge-cum-Special Judge, Phulbani in the aforesaid case.

The BLAPL is disposed of.

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

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S.K. Mishra, V.J.

Misc. Case No.8721 of 2011 In the interim, it is directed that the petitioner no.2 shall not be disengaged only on the basis of attaining the age of 60 till the next date. Urgent certified copy of this order be granted as per rules.

S.K. Mishra, J.