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Dasia @ Dasarathi Naik vs State Of Odisha

Orissa High Court · Decided on 21 September 2023 · Citation: (2023) 09 OHC CK 0149

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10316 Of 2023
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Judgment

12 paragraphs · 330 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with G.R. Case No.411 of 2005, pending before the Court of the learned 2nd Addl. Sessions Judge, Khorda, arising out of Begunia P.S. Case No.64 of 2005, for commission of the alleged offence under Section 376 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Khurda,i/c by order dated 01.09.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner was released on bail by this Court by order dated 30.03.2012 in BLAPL No. 2990 of 2012. Since he did not appear on the date fixed. NBW (A) was issued on 20.04.2015 pursuant to which he was taken into custody on 28.08.2023 and it is submitted that non-appearance on the date fixed was due to reasons beyond his control.

5.

Learned counsel for the State opposes the prayer for bail in view of the conduct of the Petitioner.

6.

Taking into account that the Petitioner was in fact granted bail and the reasons stated for his non-appearance, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

8.

It is further directed that one of the family members of the Petitioner shall execute a P.R bond in addition to the sureties in terms of the order of the learned Court in seisin.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rules.

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