K. Umasankar Reddy vs State Of Orissa

G. Satapathy, J

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

Mr. A. Mishra, learned counsel enters appearance for the petitioner by filing Vakalatnama after taking no objection from the previous counsel. The Vakalatnama be kept on record.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 247 of 2023, arising out of Chatrapur P.S. Case No.142 of 2023 pending in the file of learned S.D.J.M, Chatrapur for commission of offences punishable under Sections 450/376(2)(n)/380/506 of the IPC, on the allegation of committing rape upon the victim by trespassing into her house.

Heard, Mr. A. Mishra, learned counsel and Mr. S. Sahoo, learned counsel for the informant and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

Considering the rival submissions, the pre-trial detention of the petitioner since 23.02.2023 and regard being had to the submission of charge sheet and keeping in view the relationship between the petitioner and the victim as it stood prior to their divorce, 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. 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.

…………………………