Sagar Biswal vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Balichandrapur P.S. Case No. 424 of 2022 corresponding to C.T. Case No. 2033 of 2022 pending in the Court of learned JMFC, Chandikhole for commission of offence punishable Under Section 302 of IPC r/w Section 12 of POCSO Act, but subsequently charge-sheeted for offence punishable U/Ss. 363 and 306 of IPC, on the allegation of kidnapping the victim and abetting her commission of suicide.

In the course of hearing of the bail application, Mr. A.K. Jena, learned counsel for the Petitioner submits that the present Petitioner has already been detained in custody for more than 6 months and in the meanwhile, after conclusion of the investigation, charge-sheet has already been submitted in this case. On these grounds, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner by placing the facts of the case.

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 regard being had to the pre-trial detention of the Petitioner since 19. 12.2022 with submission of charge-sheet and taking into account the other circumstances on record in entirety, 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.30,000/- (Rupees Thirty Thousand) with two solvent sureties 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

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) months from the actual date of his 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 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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