Lokanath Hembram 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 Bhanjpur P.S. Case No.07 of 2023 arising out of C.T. Case No.1398 of 2021 pending in the file of S.D.J.M., Baripada, for commission of offence punishable under Sections 376(1)/450/506 of IPC, on the allegation of committing rape upon the victim by trespassing into her house.

Heard, Mr. B.K. Mohanty, learned counsel for the petitioner appearing virtually and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

At the outset, it needs to be mentioned here that no regular PO is there in the trial Court and, thereby, there is no progress in the trial of the case. It is also reported by the in-charge PO that he is performing only routine duties and, thereby, the earlier order passed by this Court on 20.04.2023 could not be given effect to. The rejection order also discloses that the petitioner was arrested on 15.01.2023 and since then, he is in judicial custody.

For the reason stated hereinabove and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of commission of crime and after having considered the rival submissions, this Court considers that the petitioner cannot be detained in custody for indefinite period without any assurance of trial.

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 appear before the Court in seisin of the case on each and every 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 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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