Aparti @ Sunil Jagdev vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No. 550 of 2022 arising out of Khurda Sadar P.S. Case No.182 of 2022 pending in the file of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar for commission of offences punishable under Sections 363, 366, 376(3), 376(2)(n) of the IPC read with Section 6 of POCSO Act and Section 3(1)(w)(i) & 3(2)(va) of SC & ST Act on the allegation of committing rape and aggravated penetrative sexual assault upon the victim.

Heard Mr.S.K.Bhanjadeo, learned counsel for the petitioner, Mr.P.S.Das, learned counsel for the informant and Mr.S.R.Roul, learned ASC in the matter.

Mr.P.S.Das, learned counsel for the informant, however, apprises the Court that the victim had refused to undergo medical test and she has never stated before the authority about keeping of physical relationship with the petitioner.

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 manner of implication of the present petitioner and taking into account the other circumstance on record in entirety including the statement of the victim, 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 for any offence in future on prima facie accusations  may  be  treated  as  a  ground  for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

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

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