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Judgment
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 Burla P.S. Case No.411 of 2022 corresponding to Spl. G.R. Case No.45 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Spl. Court (under POCSO Act), Sambalpur for offences punishable under sections 366/328/370/376-D/114 of the Indian Penal Code and read with sections 6/17 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Spl. Court (under POCSO Act), Sambalpur, which was rejected on 07.06.2023.
Learned counsel for the petitioner submitted that the petitioner is a lady and she is in judicial custody since 02.08.2022 and co-accused persons have already been released on bail by this Court in BLAPL Nos.4098, 6927, 6929, 6932 of 2023 and the victim having been examined as P.W.2 in the learned trial Court has not identified the accused persons in the dock except the petitioner. Learned counsel further submitted that in view of the role played by the petitioner as per the statement of the victim, the ingredients of the main offences are not attracted against the petitioner and keeping in view the proviso to section 437(1) of Cr.P.C., the bail application may be favourably considered. Learned counsel has filed the xerox copy of the bail orders of the co-accused persons and the copy of the deposition of the victim, which are taken on record.
Learned counsel for the State, on the other hand, opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of evidence adduced by the victim in the trial Court being examined as P.W.2 and release of the co-accused persons on bail and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner 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 with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial and shall not try to tamper with the prosecution evidence.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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