Kuna @ Jhadeswar Barik vs State Of Orissa

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 Spl. Case No. 129 of 2023 arising out of Raibania P.S. Case No.47 of 2023 pending in the file of learned Special Judge (POCSO), Balasore for commission of offences punishable under Sections 363/366/376(2)(n)/376(3)/506/109 of IPC r/w Sections 6 & 17 of POCSO Act, on the allegation of kidnapping the victim and abetting the principal accused to commit rape upon her.

Heard, Mr. J.K. Majhi, learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

After having considered the the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the pre trial detention of the Petitioner since 22.04.2023 and there being no criminal antecedent reported against the Petitioner and regard being had to the specific allegation of commission of rape against co-accused Madhusudan Barik, who is not the petitioner, 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 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,

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody and

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 similar 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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