Rameswar Sahoo vs State Of Odisha

G. Satapathy, J

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

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Korei P.S. Case No. 78 of 2023 corresponding to C.T. Spl. (POCSO) Case No. 34 of 2023 pending in the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Jajpur, Dist-Jajpur for commission of offences punishable Under Sections 376(3) of IPC read with Section 4(2)/6 of the POCSO Act, on the allegation of committing rape and penetrative sexual assault upon the victim.

The Petitioner renews his prayer for bail after examination of the victim in terms of the order passed by this Court on 05.07.2023 in BLAPL No. 4925 of 2023. Mr. S.P. Mishra, learned counsel enters appearance for the Informant by filing Vakalatnama, which is kept on record.

Heard Mr.A.Mishra, learned counsel for the Petitioner, Mr. S.P. Mishra, learned counsel for the Informant and Mrs. S.R. Sahoo, learned ASC in the matter of the present bail application and perused the record. At the outset, Mr. A.Mishra, learned counsel for the Petitioner by filing the certified copies of deposition of PW Nos. 2 to 4 in C.T. Special POCSO Case No. 34 of 2023 submits that although the victim has been examined in this case, but she has not supported the prosecution allegation. The copies of deposition be kept on record.

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 evidence of the victim as produced by the Petitioner and regard being had to the pre trial detention of the Petitioner since 28.03.2023, 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.50,000/- (Rupees Fifty Thousand) with one solvent surety 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..

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