Chandra Sekhar Das vs State Of Odisha And Others

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 Soro P.S. Case No. 247 of 2021 corresponding to Special Case No. 206 of 2021 pending in the Court of learned learned AD HOC Additional Sessions Judge(FTSC), Balasore for commission of offences punishable Under Sections 363/366/376(3)/376(2)(n) of IPC U/S. 6 of the POCSO Act, on the allegation of kidnapping the victim aged about less than 14 years and committing rape and aggravated penetrative sexual assault upon her.

Heard, Mr. K. Mohanty, learned counsel for the Petitioner as well as Mrs. S.R. Sahoo, learned ASC in the matter of the present bail application and perused the record. None appears for the Informant despite being duly noticed as informed by the learned ASC. It is brought to the notice of the Court that the Petitioner is in custody since 16.08.2021 and in the meanwhile, some of the witnesses including the victim have already been examined in this case, but trial is yet to be concluded.

In view of the aforesaid circumstance and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the pre trial detention of the Petitioner since 16.08.2021 and regard being had to the mandate of Section 35(2) of the POCSO Act, 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.50,000/- (Rupees Fifty Thousand) only with two solvent sureties 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,

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his 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 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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