Biswanath Buddhia 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 Special G.R. Case No. 61 of 2022 arising out of Deogaon P.S. Case No.149 of 2022 pending in the file of learned Addl. Sessions Judge-cum-Special Judge under POCSO Act, Bolangir for commission of offences punishable under Sections 376(2)(f),376-A, 376-B of the IPC read with Section 6 of POCSO Act and Section 3(2)(v) of SC & ST (POA) Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon girl students of the school.

In the course of hearing of the bail application, Mr. P.R.Patnaik, learned counsel for the petitioner by drawing attention of the Court to copy of the deposition of the IO submits that prior to lodging of FIR, the S.P. had given order to investigate into the matter and therefore, the FIR and charge sheet are false and fabricated and the petitioner being a Government servant and having detained in custody may kindly be granted bail and if not on regular bail, he may kindly be granted interim bail for a period of three months.

On the other hand, Mr.S.S.Pradhan learned AGA submits that now the trial is going on and all the victims who are students and aged about less than ten years had supported the prosecution case and the evidence clearly disclose a strong case of U/S. 376-AB and 6 POCSO Act against the petitioner and thereby, it would not be proper to grant bail to the present petitioner. None appears for the informant despite being duly noticed.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and on going through the evidence of the witnesses including that of the victims, this Court is not inclined to grant bail to the present petitioner, even for interim bail.

Hence, the bail application of the petitioner stands rejected. At the request of the learned counsel for the petitioner, the learned trial Court is requested to conclude the trial as expeditiously as possible preferably within a period of four months from the date of communication of copy of this order.

Accordingly, the BLAPL stand disposed of. A copy of this order be communicated to the learned trial Court forthwith.

Issue urgent certified copy of the order as per Rules.

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