Santosh Kumar Pal Vs State Of Orissa

G. Satapathy, J

BLAPL NO. 1701 OF 2023

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No. 313 of 2023 arising out of Raibania P.S. Case No.003/2023 pending in the file of learned Ad-hoc Addl. Sessions Judge-cum-Special Judge (FTSC), Balasore, for commission of offences punishable under Sections 365/506/376(2)(n)/354(C)/406 of the IPC, on the main allegation of committing rape upon the victim by confining her.

Heard, Mr. R. Pradhan, learned counsel for the petitioner, and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre-trial detention of the petitioner in custody and keeping in view the progress of investigation in this case including submission of charge sheet and taking into account the all the circumstances on record in entirety, 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 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. 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 Petitioner for offence U/S.229-A of IPC in accordance with law.

(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 2nd Sunday in between 10A.M. to 12 Noon for six(06) 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 for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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