Udaya Naik @ Udayanath Naik vs State Of Orissa

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. for grant of bail to the petitioner in connection with Angul P.S. Case No.387 of 2019 corresponding to Special (POCSO) Case No.32 of 2019 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Angul for alleged commission of offence under sections 363/366/376(3) of the Indian Penal Code read with section 4 of the POCSO Act.

Perused the status report furnished by the learned trial Court, which indicates that on account of non-examination of the Investigating Officer Prakash Chandra Majhi, who was the then Inspector-in-charge of Chandrasekharpur Police Station, Bhubaneswar, Khurda, the case is lingering. It is further mentioned that in that respect the D.C.P., Bhubaneswar has already been apprised. Though the status report indicates that the Investigating Officer was supposed to give evidence today, i.e., 03.05.2024, learned counsel for the petitioner on instruction submitted that today also the Investigating Officer has not appeared before the trial Court to give his evidence.

Learned counsel for the State submitted that there is one criminal antecedent against the petitioner and that too one of the offences is under section 302 of Indian Penal Code.

In view of available material on record and the criminal antecedent, while not inclining to release the petitioner on bail on merit but taking into account his period of detention, I am inclined to release the petitioner on interim bail for a period of two months from the date of release and he shall surrender before the trial Court immediately on expiry of the interim bail period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that while on interim bail, the petitioner shall appear before the Inspector-in-charge, Angul Police Station every week on Sunday in between 10 a.m. to 4 p.m., shall not indulge in any criminal activities in any manner and shall not leave the jurisdiction of the learned trial Court without seeking prior permission of the Court.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy.

Free copy of this order be handed over to the learned counsel for the State.

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