Santosh Patra 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 Malgodown P.S. Case No.57 of 2022 corresponding to G.R. Case No.32 of 2022 pending in the Court of learned A.D.J.-cum-Special Court under POCSO Act, 2012, Cuttack for commission of offence punishable U/Ss. 376(1) of the I.P.C. read with section 67B of Information and Technology Act, 2000 read with section 4 and 5 of Protection of the Children from Sexual Offence Act, 2012 read with section 3(2)(va) of SC and ST (Prevention of Atrocities) Act, 1989, on the allegation of committing rape and penetrative sexual assault upon the victim and getting the intimate scene shot through the mobile phone camera and got the video footage uploaded in instagram from his own mobile taking advantage of caste of the victim.

Heard, Mr. D.C. Rout, 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 keeping in view the examination of the victim in the trial and further taking into account the custody period of the petitioner and regard being had to the conduct of the petitioner in surrendering to the custody after availing the interim bail, 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) only 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. In case these 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

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a week 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 and

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners 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 petitioners 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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