Akash Kuldip vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Machhkund P.S. Case No.96 of 2022 arising out of T.R. Case No.96 of 2022 pending in the file of learned Addl. District & Sessions Judge-Cum-Special Court Under (POCSO) Act, Koraput, At-Jeypore, for commission of offence punishable under Sections 376(2)(n)/376(3)/506 of IPC read with Section 4(2)/6 of POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon the victim.

Heard Mr. S.K. Baral, learned counsel for the petitioner and Mr. S.S. Pradhan, learned AGA in the present matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and strength of supporting materials available on record and on going through the statement of the victim and regard being had to the pre trial detention of the petitioner since 9. 09.2022 and taking into account the other circumstance on record in entirety, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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