Anil Bhatra vs State Of Odisha

G. Satapathy, J

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

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 961 of 2023 arising out of Nandapur P.S. Case No. 103 of 2023 corresponding to T.R. Case No. 99 of 2023 pending in the file of learned Additional Sessions Judge-cum-Special Judge(POCSO), Jeypore, Dist-Koraput being charge sheeted for commission of offences punishable under Sections 366/ 376D/ 323/ 294/506/34 of IPC r/w Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing gang rape and aggravated penetrative sexual assault upon her.

Heard, Mr. Arijit Mishra, learned counsel for the Petitioner and Mr. T.K. Praharaj, learned SC in the present matter and perused the record. None appears for the victim despite being duly served with a notice as informed by the learned SC. It is apprised by Mr. Arijit Mishra that this is the second bail application of the Petitioner, but no bail application of the Petitioner is pending before any other forum except this one.

Mr. Arijit Mishra, learned counsel for the Petitioner has also made available to the Court the certified copy of the deposition of the victim who has already been examined in the trial as PW1. Further, it is borne out from the record that the Petitioner is in custody since 12.09.2023.

After having considered the rival submissions on the backdrop of the aforesaid facts and on going through the deposition of the victim, this Court without expressing any opinion on merits of the case admits bail to the Petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Lakh) only 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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 for similar/grave  offence  in  future  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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