Hrushikesh Das And Others vs State Of Odisha

G. Satapathy, J

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

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with Kaniha P.S. Case No. 341 of 2022 corresponding to C.T.(S) Case No. 45 of 2023 pending in the Court of learned Additional District & Sessions Judge, Talcher for commission  of  offences  punishable  Under  Sections 366/323/376-D/376(2)(m)/379/34 of IPC, on the main allegation of kidnapping the victim and committing gang rape upon her.

At the outset, Ms.D.R.Nanda, learned counsel for the petitioners informs the Court that no bail application of the petitioners is pending before any other forum except this one. Mr.J.N.Panda, learned counsel files Vakalatnama for informant-victim in Court today, which is taken on record.

Heard, Ms. D.R.Nanda, learned counsel for the petitioners and Mr.S.N.Nayak, learned ASC and Mr.J.N.Panda, learned counsel for the informant-victim and perused the record.

Mr.J.N.Panda, learned counsel for the informant very candidly submits that the victim has not supported the prosecution case and she has failed to identify any of the petitioners in this case. On the other hand, Ms.D.R.Nanda, learned counsel for the petitioners took this Court through the certified copy of deposition of the victim.

After having considered the rival submissions and on going through the materials placed on record including the evidence of the victim as produced on behalf of the petitioners and regard being had to the pre-trial detention of the petitioners in custody since 17.12.2022, this without expressing any opinion on the merits of the case, grants bail to the petitioners.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners 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 Petitioners for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their 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 petitioners 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 petitioners in future for similar/grave 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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