Tapan Majhi 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 C.T. Case No. 155 of 2020, arising out of Karanjia P.S. Case No.262 of 2020 pending in the file of learned Presiding Officer, Special Court under POCSO Act, Baripada for commission of offences punishable under Sections 376(2)(n)/ 506 of the IPC r/w Section 6 of the POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon her by threatening.

Heard, Mr. J. Sahoo, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.

After having carefully considered the rival submissions and on going through the materials and documents produced in this bail application and taking into account the pre-trial detention of the petitioner in custody since 23.12.2021 with examination of only 13 out of 25 charge sheeted witnesses till today and regard being had to the provision of Section 35(2) of the POCSO Act, this Court 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) 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. 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 and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. 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 similar 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.

……………………..