Sidhant Patra 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 in connection with Pandapada P.S. Case No.155 of 2022 corresponding to Special Case No.415 of 2022 pending in the file of learned Addl. District & Sessions Judge-cum-Spl. Judge under POCSO Act, Keonjhar, for commission of offences punishable U/Ss.363/ 366/ 341/ 323/ 376(2)(n)/ 376(3)/ 294 of IPC read with Section 6 of POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault by keeping her in confinement.

Heard, Mr. Digambar Sethi, learned counsel for the petitioner and Mr. T.K. Praharaj, learned SC in the present matter and perused the record.

Mr. Digambar Sethi, learned counsel for the petitioner apprises this Court that this is the second bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Similarly, Mr. T.K. Praharaj, learned SC also apprises this Court that the victim in this case has already been informed, but none appears for the victim to oppose the bail application of the victim.

After having considered the rival submissions and taking into consideration the nature and gravity of offences, so also the evidence of the victim, which is being supplied by the learned counsel for the petitioner in the form of deposition of the victim and regard being had to the pre trial detention of the petitioner in custody since 11.11.2022, this Court without expressing any opinion on merits of the case 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 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 and

(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.

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.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 in future for similar/grave 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 Rule.

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