Kanha Baliarsingh 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 Nimapara P.S. Case No. 146 of 2022 corresponding to T.R. Case No.124/116 of 2023-22 pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Puri-cum-Ad-hoc, A.S.J. (Fast Track Special Court) Puri for commission of offences punishable under Sections 363/376 of the IPC r/w Section 6 of the POCSO Act on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

It is stated that the petitioner renews his prayer for bail after examination of the victim in the trial.

Heard Mr. R.N. Panda, learned counsel for the petitioner, Mrs. S.R. Sahoo, learned ASC and Mr. D. Mishra, learned counsel, who enters appearance for the informant by filing Vakalatnama, which is taken on record, in Court today. At the outset, it needs to be stated that the learned counsel for the petitioner has filed the copy of depositions of five witnesses including that of the victim, in the original case in which, the petitioner seeks for bail.

After having considered the rival submissions and on going through the copy of depositions of the witnesses including that of the victim and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre-trial detention of the petitioner since 11.11.2022 and last but not the least, taking into account the progress of trial, 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 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 10A.M. to 12 Noon for six(06) months from the actual date of his 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.

Issue urgent certified copy of the order as per Rules.

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