Sunaram Tudu vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Harichandanpur P.S. Case No.171 of 2022 corresponding to Special Case No.389 of 2022 pending in the Court of learned Additional Sessions Judge –cum- Special Judge (POCSO), Keonjhar for offences punishable under sections 457/354/354-A/354-D/323 of Indian Penal Code read with section 8 of POCSO Act.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.08.2022. Earlier when he approached this Court for bail in BLAPL No.11829 of 2022, as per order dated 20.12.2022, taking into account the 164 of Cr.P.C. statement of the victim, the bail application was rejected, however liberty was granted to the petitioner to renew the prayer for bail after examination of the victim in the trial Court. Learned counsel further submitted that in the meantime, one of the victims has been examined as P.W.3 and though she has supported the prosecution case but she has been declared hostile by the prosecution. Learned counsel further submitted that the punishment prescribed for the offence under section 354-D of Indian Penal Code is three years and so far as the offence under section 8 of the POCSO Act, the minimum sentence is for three years, which may extend to five years and since there is no chance of tampering with the evidence, the bail application of the petitioner may be favourably considered.

Learned counsel for the State placed the evidence of the victim, P.W.3.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the slow progress of the trial, I am inclined to re-consider the prayer for bail of the petitioner and direct the petitioner to be released on bail.

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 subject to conditions that he shall not tamper with the evidence, shall not try to come in contact with the victim, shall not indulge himself in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

…………………………..