Sital @ Gauri Sankar Baskey vs State Of Odisha

S.K. Sahoo, JÂ Â Â Â Â Â Â Â Â Â Â Â Â Â

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.47 of 2015 arising out of Udala P.S. Case No.41 of 2015 pending

in the Court of learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada for commission of offences punishable under

section 376(2)(f) of the Indian Penal Code read with section 4 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada

which was rejected on 08.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.03.2015 and charge was framed on 03.08.2016 and till

date only eight witnesses have been examined out of sixteen charge sheet witnesses. A report was called for from the learned trial Court as per order

dated 16.07.2021 relating to the status of the case. The learned trial Court has submitted the status report dated 22.07.2021 wherein it is also

mentioned that eight witnesses including the victim and the informant have been examined out of sixteen charge sheet witnesses. Learned counsel for

the petitioner has annexed the deposition copies of the eight witnesses and submitted that the victim has been examined as P.W.2 and the victim’s

evidence relating to commission of any penetrative sexual assault on her is not corroborated by the medical evidence.

Learned counsel for the State submits that the doctor is yet to be examined in the case.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court and the

age of the victim, while not inclining to release the petitioner on bail on merit but taking into account the period of detention of the petitioner in judicial

custody and the progress of the trial so far, I am inclined to release the petitioner on interim bail for a period of three months from the date of release

and the petitioner shall surrender before the learned trial Court immediately on the expiry of the said period.

For the aforesaid period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with

two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the

learned Court may deem just and proper. While on bail the petitioner shall not try to keep any contact with any of the prosecution witnesses and shall

not try to tamper with the evidence and shall appear before the learned trial Court on each date when the case would be posted during the period of

interim bail. Violation of any terms and conditions shall entail cancellation of interim bail.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798 dated 15th April 2021..

………………………………