G. Satapathy, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No. 75 of 2021 arising out of Lock P.S. Case No.283 of 2021 pending in the file of learned Adhoc Addl. District & Sessions Judge, FTSC, POCSO, Jagatsinghpur for commission of offences punishable under Sections 450, 376(3), 506 of the IPC read with Sections 4 of POCSO Act, on the allegation of committing rape and penetrative sexual assault upon the victim by trespassing into her bathroom.
3. In the course of hearing of bail application, Mr.S.Mohanty, learned counsel for the petitioner by drawing attention of the Court to the pre-trial detention of the petitioner since 18.11.2021 prays to grant bail to the petitioner for non-conclusion of trial.
4. On the other hand, Mr.S.R.Roul, learned ASC by drawing attention of the Court to the deposition of the victim prays to reject the bail application of the petitioner.
5. 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 pre-trial detention of the petitioner since 18.11.2021 and non-conclusion of trial in consonance with the provision of Section 35(2) of the POCSO Act and taking into account the other circumstance on record in entirety including the examination of the victim and thereby, no apprehension being in the mind of the Court about tampering of the evidence of prosecution, this Court admits the present petitioner to bail.
6. 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;
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.
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 any offence in future on prima facie accusations may be treated as a ground for cancellation of bail. Violation of any of the conditions would be taken as a misuse of concession of bail granted to the petitioner today by this Court.
7. Accordingly, the BLAPL stands disposed of.
8. Urgent certified copy of the order be granted on proper application.
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