Rajesh Kumar Behera vs State Of Odisha

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 Ranpur P.S. Case No.179 of 2022 arising out of T.R. Case No.166 of 2022 pending in the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh, being charge-sheeted for commission of offence punishable under Sections 376(3)/376(2)(f) of IPC read with Section 6 of POCSO Act and Section 66-E/67-A of IT Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim by blackmailing her to expose her nude photographs.

In the course of hearing of the bail application, Mr. A. Tripathy, learned counsel for the petitioner by placing the facts of the case, prays to grant interim bail to the petitioner for a period of two months by taking into consideration the long custody of the petitioner and examination of the witnesses including the victim, while not pressing the regular bail application of the petitioner, but Mrs. S.R. Sahoo, learned ASC, however, strongly opposes such prayer of the petitioner.

On the other hand, Mr. J. Samantaray, learned counsel for the informant by placing the facts of the case, opposes the bail application of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the progress of trial including examination of the victim and taking into account the period of custody of the petitioner, this Court while declining to grant regular bail to the petitioner, grants him interim bail for a period of fourty(45) days w.e.f. the date of his actual release on bail on such terms and conditions as deem fit and proper by the learned Court in seisin of the case with following conditions:

(i) one of the surety of the petitioner shall be his blood relation,

(ii) the petitioner shall not commit any offence while on bail,

(iii) the petitioner shall not leave the jurisdiction of the Court in seisin of the case without prior permission till disposal of the case and

(iv) the petitioner shall attend the Court on each date of posting 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 Petitioners for offence U/S.229-A of IPC in accordance with law.

The petitioner is, however, advised to surrender to custody after availing the interim bail period, failing which the learned Court in seisin of the case is at liberty to take coercive steps for committing him to custody.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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