Raju Sharma vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.86 of 2023 arising out of Titilagarh G.R.P.S. Case No.13 of 2023 pending in the file of learned J.M.F.C., Kantabanji, for commission of offences punishable under Sections 363/366/34 of IPC read with Section 9/10 of Prohibition of Child Marriage Act, on the allegation of kidnapping the minor victim by way of purchasing from her step father and got her married with co-accused Ganesh Sharma.

Petitioner being represented by the learned counsel Mr. P.K. Nayak, prays to grant him bail. On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the petitioner.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the petitioner in this case and regard being had to the pre trial detention of the petitioner and taking into account the release of co-accused persons namely Ganesh Sharma and another by this Court in BLAPL No.4206 of 2023, 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.25,000/- (Rupees Twenty Five 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,

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

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every 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. 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 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.

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