Sagar Nayak 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 Golanthara P.S. Case No. 484 of 2022 corresponding to G.R. Case No. 02 of 2023 pending in the Court of learned Additional District and Sessions Judge-cum-Spl. Court, under POCSO Act, Berhampur for commission of offence punishable Under Sections 363/376(2)(n) 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.

In the course of hearing of the bail application, Mr. J. Sahoo, learned counsel for the Petitioner submits that the Petitioner has falsely implicated in this case and he has no connection with the commission of crime, rather the victim has voluntarily joined with him and the Petitioner having already detained in custody since 06.01.2023, may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner by placing the 164 Cr.P.C. statement of the victim and he inter-alia submits that there is a prima facie case against the Petitioner for committing rape and aggravated penetrative sexual assault upon the victim.

Mr. M.R. Dash, learned counsel appearing for the Informant very emphatically submits that the victim is a minor and she has been forcefully kidnapped by the Petitioner and thereafter, the Petitioner has committed rape upon her and the Petitioner, therefore, should not be granted bail.

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 manner and circumstance of implication of the present Petitioner and regard being had to the submission of charge-sheet and ongoing through the statement of the victim and last but not the least, keeping in mind the pre-trial detention of the Petitioner since 06.01.2023, 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.20,000/- (Rupees Twenty 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

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) months from the actual date of his 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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