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Saroj Bag vs State Of Odisha & Another

Orissa High Court · Decided on 4 May 2023 · Citation: (2023) 05 OHC CK 0075

HON’BLE JUDGES
D.Dash, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 363, 376 · Protection of Children from Sexual Offences Act, 2012 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4504 Of 2023
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Judgment

9 paragraphs · 346 words

D.Dash, J

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

This Petitioner, who is in custody in connection with Deogaon P.S. Case No.59 of 2021 arising out of Spl. G.R. Case No.20 of 2021 pending in the Court of the learned Special Judge (POCSO), Bolangir for offence punishable under sections 363/376 of the IPC read with section 4 of the POCSO Act, in filing this application under section 439, Cr.P.C. for his release on bail.

3.

Learned counsel for the Petitioner submits that the Petitioner was on bail since 03.09.2021 and for his absence before the Trial Court on 14.09.2022, N.B.W./A had been issued against him and thereafter, he having surrendered voluntarily, is in custody since 24.02.2023. He further submits that in the meantime the Petitioner has further remained in custody for more than two months. He submits that such absence of the Petitioner was neither deliberate nor intentional and it was for the unavoidable circumstances beyond the control of the Petitioner and he having instructed his counsel to take steps, the same has not been taken, which has led to this situation. He, therefore, urges for grant of bail to the Petitioner on such terms and conditions as deemed just and proper.

4.

Learned counsel for the State opposes the move.

5.

Considering the submissions made and on going through the materials on record, as also the other surrounding circumstances; while being inclined to consider the prayer for grant of bail to this Petitioner, it is directed that the Petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that the Petitioner will appear before the Court in seisin of the case on each date of posting of the case, till conclusion of the trial and will not terrorize or threaten the prosecution witnesses.

Violation of any of the condition(s) shall entail cancellation of the bail.

6.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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