Dusmanta Jena 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 G.R. Case No.240 of 2023 arising out of Tangi P.S. Case No.290 of 2023 pending in the file of learned NGN-Cum-J.M.F.C., Tangi, for commission of offences punishable under Sections 376(1)/ 376(2)(n)/ 313/ 294/ 323/ 354-B/ 34 of IPC, on the main allegation of committing rape upon the victim and aborting her pregnancy.

Petitioner being represented by the learned counsel Mr. P.K. Nanda, prays to grant him bail. On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the petitioner.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the petitioner in this case and regard being had to the pre trial detention of the petitioner since 30.03.2023 and taking into account the other circumstance on record in entirety and on going through the statement of the victim, 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.25,000/- (Rupees Twenty Five Thousand) 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,

(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 and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every month 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 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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