Ashok Parida 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 Delanga P.S. Case No. 57 of 2023 corresponding to Special G.R. Case No. 19 of 2023 pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Puri for commission of offence punishable U/Ss. 363/376(2)(n) of IPC, r/w Section-6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

In the course of hearing of the bail application, Mr. A.S. Paul, learned counsel for the Petitioner submits that although the Petitioner has been arrested and kept in custody on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her, but there is absolutely no material available on record to implicate the Petitioner for commission of any offence and the statement of the victim itself belies the prosecution case. It is further submitted that the petitioner having detained in custody since 27.02.2023 and in the meanwhile, substantial part of investigation having already over, the Petitioner may kindly be released on bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner and he inter-alia submits that the victim is a minor girl and there is ample allegation against the Petitioner for commission of offences under POCSO Act and the Petitioner, therefore, should not be granted bail.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the present Petitioner in this case and regard being had to the pre-trial detention of the Petitioner and progress of the investigation and lastly, on going through 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 one solvent surety 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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