Srikant Sagar vs State Of Odisha

S. K. Sahoo, J

1. Both the matters are taken up by video conferencing mode.

2. Heard learned counsel for the petitioners and learned counsel for the State.

3. Both the applications have been filed under section 439 of Cr.P.C. in connection with Jharigaon P.S. Case No.15 of 2021 corresponding to

G.R. Case No.77 of 2021 in the file of learned J.M.F.C., Umerkote for alleged commission of offences under sections 366, 376(2)(n), 506, 313, 294,

323, 363/34 read with section 109 of the Indian Penal Code.

4. The petitioners moved applications for bail before the learned Addl. Sessions Judge, Umerkote, which was rejected as per order dated

25.02.2021.

5. Learned counsel for the petitioners submitted that petitioners are in judicial custody since 12.02.2021 and they have been charge sheeted under

sections 366, 376(2)(n), 306, 313, 294, 323, 363/34 read with section 109 of the Indian Penal Code. It is further submitted that as per the victim’s

statement, she has alleged mainly against petitioner Subash Sagar, who kept physical relationship with her on number of occasions for which she was

conceived and the pregnancy was aborted. He further submitted that in view of the available materials on record, the bail applications of the

petitioners may be favourably considered.

6. Learned counsel for the State, on the other hand, has produced the case diary and placed the statement of the victim, who is aged about twenty

three years.

7. From the statement of the victim, it appears that the main allegation has been made against Subash Sagar, petitioner in BLAPL No.1813 of 2021

and on three occasions the pregnancy of the victim was aborted.

8. Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner Srikant Sagar and since

the victim has alleged mainly against the petitioner Subash Sagar, while not inclining to release the petitioner Subash Sagar on bail, I am inclined to

release the petitioner Srikant Sagar on bail.

9. Let the petitioner Srikant Sagar be released on bail in the aforesaid case on furnishing a 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 and with further conditions as the

learned Court may deem just and proper.

10. So far as petitioner Subash Sagar in BLAPL No. 1813 of 2021 is concerned, he is at liberty to renew his prayer for bail after examination of the

victim in the trial Court. For ensuring the attendance of the victim, the learned trial Court shall take the assistance of the Inspector in-charge of

Jharigaon Police Station.

11. Both the BLAPLs are accordingly disposed of.

12. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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