Pramod Singh vs State Of Orissa

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 Bhawanipatna Town P.S. Case No. 226 of 2022 corresponding to C.T. Case No. 654/54 of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, for commission of offences punishable Under Sections 363/366/376(2)(n)/506 of IPC r/w Section 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

Heard Mr. A. Mishra, learned counsel for the Petitioner and Mr. S.R. Roul, learned ASC in the present matter and perused the record. At the outset, learned counsel for the Petitioner by taking this Court through the statement of the victim submits that it is a clear case of consent and the victim having already attained the age of discretion, no case is made out against 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 the pre trial detention of the Petitioner since 20.06.2022 and taking into account the mandate of Section 35(2) of the POCSO Act with non-conclusion of the trial and regard being had to the statement of the victim and other circumstance on record in entirety, 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 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.

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.

……………………………