Kusha Sethy vs State Of Odisha

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 Bari P.S. Case No.309 of 2022 arising out of C.T. Spl. (POCSO) Case No.18 of 2023 pending in the file of learned Additional District and Sessions Judge-Cum-Special Judge under POCSO Act, Jajpur, for commission of offence punishable under Sections 363/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

Heard Mr. A.K. Behera, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record. None appears for the informant despite being duly noticed as informed by the learned ASC.

At the outset, Mr. A.K. Behera, learned counsel for the petitioner by producing the certified copy of depositions of the victim and her mother prays to grant bail to the petitioner. The aforesaid depositions be kept on record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and on going through the evidence of the victim and regard being had to the pre trial detention of the petitioner in custody since 07.02.2023 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) 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 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 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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