Nabaghan Panda 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 S.T. No. 76/188 of 2022 arising out of Fategarh P.S. Case No.122 of 2022 pending in the file of learned Ad-hoc Additional Sessions Judge,(FTSC), Nayagarh for commission of offences punishable under Sections 376(2)(1)(n)/506/34 of IPC, on the allegation of committing rape upon the victim and threatening her along with others in furtherance of their common intention.

Heard, learned counsels for the parties in the matter and perused the record. It appears from the record that despite issuance of notice and bailable warrant against the victim, she had not turned up to depose the evidence, but the Petitioner is in custody since 14.07.2022.

Considering the rival submissions on the basis of materials placed on record including the above fact of non-appearance of the victim to depose evidence despite custody of the Petitioner for more than one year, 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. 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 and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

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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