Subham Nayak 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 G.R. Case No. 203 of 2022 arising out of Chhatrapur P.S. Case No.789 of 2022 pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Berhampur for commission of offences punishable under Sections 363, 365, 366, 376(2)(n) of the IPC read with Section 6 of POCSO Act on the allegation of kidnapping the victim, and committing rape and aggravated penetrative sexual assault upon her.

Heard Mr.S.S.Ray, 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 made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and strength of supporting materials available on record and on going through the statement of the victim and taking into account the other circumstance on record in entirety including the age of the petitioner being 19 years and that of the victim being 17 years, this Court grants bail to the present 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.25,000/- (Rupees Twenty Five 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 shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with;

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for three(03) months from the actual date of 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 for any 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..

…………………………