Ajaya @ Ajaya Kumar Bajaj vs State Of Odisha

D.Dash, J

This matter is taken up by video conferencing mode.

This is the second journey of the Petitioner who is in custody in connection with Cuttack Mahila P.S. Case No.24 of 2019 corresponding to S.T.

Case No.308 of 2019 arising out of G.R. Case No.457 of 2019 on the file of learned 2nd Addl. Sessions Judge, Cuttack running for commission of

offence under section-376/354-A/354-D/508/506 of the IPC read with Section-67 of the I.T. Act, in filing this application under section 439 of the

Cr.P.C. for his release on bail.

Learned counsel for the Petitioner submits that after the recording of evidence of the victim who is the Informant in the case and her father, further

detention of the Petitioner in custody would serve no useful purpose; and thus is not warranted. He also submits that in view of the closure of the

recording of the evidence of the victim and her father in the Trial, now also the question of the Petitioner threatening or terrorizing them on being to

release on bail does not arise. He also submits that the Petitioner being granted interim bail on two occasions, has surrendered in the Court below and

there is no report to the fact that during the period, he misused the liberty in any manner. In view of all these above, as there remains no scope on the

part of the Petitioner to flee from justice; he urges for grant of bail to the Petitioner.

Learned counsel for the State does not dispute the position that the victim and her father being examined as P.W.7 & 8 have not supported the

prosecution. He, however, submits that they having been declared hostile have been cross-examined. He also does not dispute that save and except

drawing the attention of the witnesses to their previous statements recorded in course of investigation, the same has not been directed in the

establishment of substratum of the case.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other

surrounding circumstances including the period of detention of the Petitioner in custody and in the absence of any such impediment; while being

inclined to reconsider the prayer for grant bail to the petitioner in the aforesaid case; it is directed that the petitioner be released on bail on such terms

and conditions as deemed just and proper by the court is seisin of the case with further condition that:- 1. Petitioner will appear in person before the

Court in seisin of the case on each date of posting of the case without fail.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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