Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10986 of 2024
Debrata Ghadei … Petitioner
Mr. A.K. Sahoo, Advocate
-versus- State of Odisha … Opposite Party Mr. S.K. Rout, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 30.04.2025
05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kakatpur P.S. Case No.214 of 2023 corresponding to Spl. G.R. Case No.88 of 2023 further corresponding to T.R. Case No.02 of 2024 pending in the file of learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Puri, for commission of offences punishable U/Ss.344/323/376(2)(n)/506 of IPC r/w. Section 6 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim by confining her in a room. 3. Heard, Mr. Akshaya Kumar Sahoo, learned counsel for the petitioner and Mr. S.K. Rout, learned p. 2 Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by Mr. Rout. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à- vis the accusations sought to be brought against him and regard being had to pre-trial detention of the petitioner in custody since 01.11.2023 and the trial having not concluded in the meanwhile and taking into account the other circumstance on record in entirety including the evidence of the victim, this Court without expressing any view on merits, admits the petitioner to bail. 5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only 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 and, ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the p. 3 terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law.
iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody,
The IIC 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 any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer