Dhusa Nayak @ Dhusa Naik @ Pradeep vs State Of Odisha

G. Satapathy, J

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

Learned counsel for the petitioner is permitted to rectify the name of the Police Station as 8Gangapur9 instead of ‘Aska’.

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. 220 of 2022, arising out of Gangapur P.S. Case No.214 of 2022 pending in the file of learned A.D.J.-cum-Special Judge, (POCSO Act), Berhampur for commission of offences punishable under Sections 363/376(2)(n)/376(3) of the IPC r/w Section 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

Heard, Mr. R.N. Rout, learned counsel for the petitioner and Mr. R.B. Mishra, learned AGA in the present matter and perused the record. None appears for the Informant despite being duly noticed.

At the outset, this Court is informed that the petitioner has been detained in custody since 06.06.2022 and in the meanwhile, the victim has already been examined in this case, but trial is yet to be concluded. Section 35(2) of the POCSO Act prescribes that the trial shall be concluded as far as possible within a period of one year from the date of taking cognizance of the offence.

In view of the above facts and after having considered the rival submission made and taking into consideration the nature and gravity of accusation raised against the petitioner and regard being had to examination of the victim in the trial and thereby, there appears little apprehension of tampering of the evidence of the main witness in this case, this Court grants bail to the petitioner.

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) with two local 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. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional 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 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 for similar 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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