Dushmant Barik @ Bubu Barik vs State Of Orissa

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 Mancheswaar P.S. Case No.350 of 2023 corresponding to C.T. Case No.346 of 2023 pending in the file of learned Adhoc Additional District & Sessions Judge (FTSC-II), Khordha, Bhubaneswar, for commission of offences punishable U/Ss.376(1)/506 of IPC, on the allegation of committing rape upon the victim and threatening her.

Heard, Mr. Sivananda Samal, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record including the statement of the victim and regard being had to the pre trial detention of the petitioner in custody since 04.09.2023 with submission of charge-sheet in the meanwhile and taking into account the other circumstance on record in entirety, 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 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 and

(ii) the petitioner in the course of trial 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 and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.

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/similar type of 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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