Nabin Ganda vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Nabarangpur P.S. Case No. 111 of 2023 corresponding to G.R. Case No. 322 of 2023 pending in the Court of learned Sessions Judge, Nabarangpur for commission of offences punishable Under Sections 450/376(1)/506 of IPC, on the allegation of committing rape upon the victim by trespassing into her house and threatening her.

The Petitioner renews his prayer for bail after examination of the victim.

Heard P.C.Chhinchani, learned counsel for the Petitioner as well as Mr. R.B. Mishra, learned AGA in the matter and perused the record.

At the outset, Mr. P.C. Chhinchani, learned counsel for the Petitioner by filing certified copy of deposition of the victim prays to grant bail to the Petitioner.

After having considered the rival submissions made 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 offence and regard being had to the pre trial detention of the Petitioner and on going through the evidence of the victim and the victim having already examined, there appears little apprehension of the tampering of evidence of material witness and influencing such witness, 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,

(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 jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) 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 petitioners 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.

……………………………….