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Judgment
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 Ghatgaon P.S. Case No.236 of 2022 arising out of Special Case No.412 of 2022 pending in the file of learned Addl. Sessions Judge-Cum-Special Judge, POCSO, Keonjhar, for commission of offence punishable under Sections 450/363/376/506 of IPC read with Section 4 of POCSO Act, on the allegation of kidnapping the victim and committing rape and penetrative sexual assault upon her.
In the course of hearing of the bail application, Mr. P.S. Das, learned counsel for the petitioner submits that the materials on record disclose a case of consent and the victim having already attained the age of discretion and the petitioner and the victim being related to each other, there would not be any impediment to grant bail to the petitioner.
On the other hand, Mr. S.K. Dash, learned counsel appearing for Mr. M. Das, learned counsel for the informant submits that the petitioner and the victim are related to each other and the victim has got no objection, if bail is granted to the petitioner.
As against this submission, Mrs. S.R. Sahoo, learned ASC by placing the statement of the victim submits that it is a clear case of kidnapping and rape and, thereby, the petitioner should not be granted bail.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and manner of implication of the present petitioner in this case and regard being had to the pre trial detention of the petitioner since 31.10.2022 with submission of charge-sheet 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) 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.
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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