Saubhagya Satapathy vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of Madhupatana P.S. Case No.135 of 2023 corresponding to S.T. Case No.154 of 2023 pending in the Court of learned 2nd Addl. Sessions Judge, Cuttack for commission of offences punishable under Sections 450/376(2)(n) of IPC on the allegation of committing rape upon the victim by trespassing into his room.

Heard Mr.S.C.Mohapatra, learned Senior Counsel appearing along with Mr.S.Mohapatra, learned counsel for the petitioner and Mr.S.N.Nayak, learned ASC in the matter and perused the record.

It is brought to the notice of the Court by learned Senior Counsel that this is the second bail application of the petitioner, but no bail application of the petitioner is pending before any other forum. Further, learned Senior Counsel apprises this Court that the victim has already been examined in the trial in this case and the petitioner is in custody since 21.04.2023 and thereby, there is no apprehension of tampering the evidence of material witnesses by the petitioner.

It is equally found from the record that there are 43 charge sheeted witnesses, but only victim has been examined and in the circumstance, when the trial would be concluded is eventually a guess, but the petitioner has already been detained in custody for more than a year. Further, since the victim has already been examined, there is hardly any apprehension of tampering of material evidence in this case.

In view of the aforesaid facts and circumstance and regard being had to the long custody of the petitioner with examination of the victim, this Court without expressing any opinion on the merits of the case grants bail to the petitioner.

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 in the course of trial 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 by giving his present address of stay.

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/similar type of offence 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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