Siba @ Sebaram Tandi v. Satya Ranjan Mulia

Mr. P. Satapathy, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 10.12.2024 Order No.

This matter is taken up through hybrid mode.

This bail application under Section 439 of the Cr.P.C., filed by the petitioner has arisen out of C.T. Case No.58 of 2023 in connection with Sohela P.S. Case No.244 of 2023 pending before the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bargarh.

I have already heard from the learned counsel for the petitioner and learned ASC for the State.

The petitioner is facing trial in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bargarh in C.T. Case No.58 of 2023 having been charged under Section 376(2)(n) and 506 of the IPC read with Section 6 of the POCSO Act.

During the course of hearing of the bail application, learned counsel for the petitioner submitted certified copy of the depositions Page 1 of 3. of 3 witnesses in C.T. Case No.58 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bargarh arising out of Sohela P.S. Case No.244 of 2023.

The victim (P.W.1) has deposed during trial that,

she is the informant-victim of the case and she knows the accused (petitioner). The incident occurred on a given day of the last year when she was 19 years of age and on the relevant day, the accused (petitioner) was caught by the villagers and on being asked, he (petitioner) disclosed that he came to their villager to meet her (victim). But, in fact, she (victim) was not aware about the presence of the accused (petitioner) in their village and on being told by the villagers, she (victim) reported the matter at Sohela P.S, which was scribed by one person. She (victim) was sent to C.H.C. Sohela by police for her medical examination.

When in the above deposition of the victim during trial, she (victim) has turned hostile to the prosecution stating that, by the time of the alleged incident, she was major and she (victim) has not implicated the accused (petitioner) with any sexual assault on her, then, at this juncture, by taking the above depositions of the victim during trial in C.T. Case No.58 of 2023 as P.W.1, I find no justification to disallow the prayer for bail of the petitioner.

Hence, the bail application filed by the petitioner is allowed. He (petitioner) is allowed to go on bail on furnishing bail bond 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 over the matter with conditions that :- Page 2 of 3. (i) he (petitioner) shall not involve with similar nature of crime in future; (ii)he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of prosecution including the victim and her family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case; (iii)he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail till its conclusion; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

Accordingly, the bail application filed by the petitioner is disposed of finally.

Grant certified copy of this order to the petitioner on proper application. ( ANANDA CHANDRA BEHERA) Judge Signature Not Verified Rati Ranjan Digitally Signed Signed by: RATI RANJAN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 11-Dec-2024 18:06:43 Page 3 of 3.