Nirab Digal Vs State Of Odisha T

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 arising out of Baliguda P.S. Case No.147 of 2022, corresponding to C.T. Case No.40 of 2022 pending in the Court of learned Addl. District & Sessions Judge-cum-Special Judge (POCSO) Act Phulbani for commission of offences punishable under Sections 376(2)(n)/ 323/ 294/ 506/

34 of the IPC r/w Section 6(1) of the POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon the victim.

Heard, Mr. S.K. Dash, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre-trial detention of the petitioner in custody and on going through the materials placed on record including statement of the victim, 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) 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.

(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 second Sunday of each month 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. shall not detain the petitioner unnecessarily after recording their 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 for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application..

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