Rohit Senapati vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard the learned counsel for the petitioner and learned counsel for the State.

Mr. Satya Kumar Nanda, Inspector in-charge of Kesinga Police Station is present through virtual mode. He submits that notice on the informant is

sufficient since April 2021 and recently also he intimated the victim about fixation of date of hearing of this bail application to today, but she has no

interest to appear in this bail application to have her say.

Learned counsel for the State has produced the case diary.

None appears on behalf of the informant.

This is an application under section 439 of Cr.P.C. in connection with Kesinga P.S.Case No. 156 of 2020 corresponding to C.T. Case No. 152/54

of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge (POCSO), Bhawanipatna for alleged commission of offences under

sections 376(2)(n), 341, 294, 323, 313/34 of the Indian Penal code, section 4 of Orissa Freedom of Religion Act, 1967 and section 6 of POCSO Act.

The bail application of the petitioner has been rejected by the learned Addl. Sessions Judge -cum-Special Judge, POCSO Act, Bhawanipatna as per

order dated 23.11.2020.

Considering the submission made by the learned counsel that the petitioner is in judicial custody since 17.07.2020, charge sheet has already been

submitted under sections 376(2)(n), 341, 294, 323, 313/34 of the Indian Penal code, section 4 of Orissa Freedom of Religion Act, 1967 and section 6 of

POCSO Act and after going through the 164 Cr.P.C. statement of the victim annexed to the bail application placed by the learned counsel for the

State and other materials available on record so also the medical evidence placed by the learned counsel for the State, I am inclined to release the

petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a 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 such other conditions as the learned Court may

deem just and proper including the conditions that he shall not keep any contact with the victim or tamper with the prosecution witnesses, shall not

indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of

any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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