A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with Spl. G.R. Case No.177 of 2022, arising out of Madhupatana P.S. Case No.354 of 2022, pending in the Court of learned Adhoc Addl. District & Sessions Judge-cum-FTSC-2, Cuttack for alleged commission of offence punishable under Sections 457, 354-A(i)(iv), 354-D/509 of IPC & under Section 12 of POCSO Act.
4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. Learned counsel for the Petitioner submitted that earlier the Petitioner was released on bail
3. 01.2023 by the learned Trial Court. Thereafter, the Petitioner due to communication gap, he could not appear before the Court below on date fixed by the Court below, thereafter, an NBW was issued against the Petitioner on 06.02.2024 and he has been taken into custody on 29.03.2024, thereafter, he has been languishing into jail custody. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand contended that in the event this Court is inclined to release the Petitioner on bail, necessary conditions be imposed wherever cooperate with early conclusion and trial and appear before the Trial Court each and every date fixed without fail.
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further keeping in view the fact that the Petitioner earlier released on bail on 03.01.2023, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.
Violation of any other conditions shall entail cancellation of the bail application.
9. The BLAPL is, accordingly, disposed of..
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