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Judgment
13 paragraphs · 376 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
This is an application under section 439 Cr.P.C. in connection with Jankia P.S. Case No.218 of 2020 corresponding to S.T. Case No.49 of 2021 pending in the file of learned 1st Addl. Sessions Judge, Khordha for alleged commission of offences punishable under sections 376/323/506 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 1st Addl. Sessions Judge, Khordha vide order dated 07.10.2023.
Learned counsel for the petitioner submitted that petitioner was granted bail by this Court in BLAPL No.460 of 2021 as per the order dated 27.04.2021 and he was all along taking steps in the case but on 04.07.2023 since the petitioner remained absent on repeated calls in the trial Court and no step was taken, non-bailable warrant of arrest was issued against him and since 25.09.2023, he is in judicial custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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