The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8586 of 2023 Surendra Majhi …. Petitioner Mr. H.B. Dash, Advocate -versus- State of Odisha …. Opp.party
Legal Reasoning
Mr. T.K.Praharaj, Standing Counsel CORAM: JUSTICE M.S.SAHOO Order No.
Decision
ORDER 21.12.2023 Hybrid Mode 07. 1. The BLAPL praying for grant of bail, has been filed under Section 439, Cr.P.C. seeking release of the petitioner, who is in jail custody in connection with Doraguda P.S.Case No.31 of 2021 corresponding to G.R.Case No.91 of 2021 (T.R. No.13 of 2021) pending in the court of the learned Additional Sessions Judge- cum-Special Court under POCSO Act, Rayagada for alleged commission of offences under Sections 498- A/376(2)(n) of the I.P.C. read with Section 5(j)(ii)/5(1) of POCSO Act, 2012. 2. On 10.11.2023 the following order was passed : xxx xxx xxx 5. Learned Additional Government Advocate shall obtain instruction regarding welfare of the victim and threat perception, if any, through the concerned I.I.C. 6. The learned counsel appearing for the informant/victim also shall obtain instructions regarding the welfare of the victim. // 2 // 7. As prayed for by the learned counsel for the petitioner, list on 28.11.2023 to grant further opportunity to the petitioner.” 3. Learned Counsel for the petitioner submits that the petitioner is in custody since 05.06.2023. In the meanwhile the final prosecution report has been submitted on 19.04.2021. It is submitted that considering the period of incarceration and the fact that the final prosecution report has been submitted in the meanwhile and the petitioner being aged about 32 years, he should be shown indulgence as far as the prayer for bail is concerned. It is submitted that the petitioner is a local person. He shall subject himself to the jurisdiction of the court in seisin of the matter and shall abide by the terms and conditions that would be imposed for grant of bail, if the Court is inclined to grant bail. 4. Learned counsel for the State refers to the materials contained in the case diary furnished by the investigating agency and nature of allegations and the past allegations of criminal activity against the petitioner opposes the prayer for bail. However, it is not disputed that in the meanwhile the final prosecution report has been submitted and there is no past allegations of criminal activity against the petitioner Page 2 of 5 // 3 // 5. In reference to the paragraph-5 of the order dated 10.11.2023 as quoted above, the learned Standing Counsel for the State produces the instructions received from the Inspector-in-charge, Doraguda Police Station dated 21.12.2023. The said instruction is taken on record. It is indicated in the said report that as per enquiry there is no threat perception from the accused/petitioner and his family members towards the victim/informant and their family. 6. Having heard the learned counsel for the petitioner, the learned counsel for the State and considering the materials on record, this court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions : two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of the petitioner and the other shall be a local person; the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction; the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence; the petitioner shall not indulge himself in similar activity; Page 3 of 5 // 4 // the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact; the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court; the petitioner shall fully cooperate with the ongoing further investigation and make herself available anywhere as and when required for such purpose; the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for the same shall be any bona communicated to the Investigating Agency; fide reason, the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial; the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; and in case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail. 7. The BLAPL is disposed of accordingly. Urgent certified copy of this order be granted on proper application. Page 4 of 5 // 5 // It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised by any of the parties in the pending trial before the learned court in seisin of the matter. It is hoped that in view of the victim having become a mother, there will be some endeavour on the part of the petitioner and his family for ameliorating the condition of the mother and the child. (M.S.Sahoo) Judge Gs Signature Not Verified Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 30-Dec-2023 12:36:09 Page 5 of 5