The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10031 of 2023 Bharat Meher …. Petitioner Mr. A.K.Panda, Advocate -versus- State of Odisha …. Opp.party Mr. A.K. Nanda, AGA Mr. D.K.Das, Advocate (for informant) CORAM: JUSTICE M.S.SAHOO Order No.
Decision
ORDER 31.08.2024 Hybrid Mode 09. 1. The petition under Section 439, Cr.P.C. has been filed by the petitioner who is in jail custody custody in connection with Spl. POCSO Case No. 25 of 2023 arising out of Kaniha P.S. Case No. 44 of 2023 pending in court of learned A.D.J.- cum-Special Court, under POCSO Act, Angul for alleged commission of offences under Sections 363/366/ 376(2)(n)/370(4)/376(3)/506/109/34/120-B of the I.P.C. and u/ss. 9 & 10 of the Prohibition of Child Marriage Act, 2006 and u/s. 6/7 of POCSO Act, 2012. 2. The matter has been placed before this Court as the earlier BLAPL No.9977 of 2023 filed by one of the accused was dismissed as withdrawn by this Bench by order dated 19.12.2023. In the meanwhile the petitioner in the said BLAPL has been released by the learned court in seisin of Page 1 of 5 the matter by order dated 20th March, 2023 passed by learned S.D.J.M., Talcher. The said order has been referred to in the order dated 16.08.2023 passed by learned A.D.J.- cum-Special Court under POCSO Act, Angul and is quoted herein below : “So far as the releasing of the co-accused persons on bail is concerned, it reveals from the case record that they have been released on bail by the learned S.D.J.M., Talcher on 20.03.2023 during the course of investigation, while the case was not converted as the case under POCSO Act, but the alleged offences punishable under Sec. 363 I.P.C. On the ground of “Bailable in nature”. Such changed position on record and the facts and circumstances, the present accused is not entitled to be released on bail on that ground.” 3. Learned counsel for petitioner produces certified copy of deposition of the prosecution witnesses no.1, 2 & 3 mother of the victim, the victim and her father respectively along with memo of date. It is submitted by learned counsel for petitioner that there is no specific grave allegation against the petitioner apart from that he was present with the other accused persons who have been alleged to have committed the crime. Learned counsel for petitioner submits that the petitioner is a local person having roots in the society, shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall abide by the terms and conditions that would be imposed if the court is inclined to grant bail to the petitioner. Page 2 of 5 4. Learned AGA referring to the nature of allegations, opposes the prayer for bail. It is further submitted by the learned AGA that the release of the two other accused persons by the learned court in seisin of the matter is in the circumstances that, on the said date when trial was granted offences alleged were under section 363 of the IPC and thereafter prosecution has brought in other allegations. It is submitted by the learned AGA that release of the co-accused persons on bail by the learned court in seisin is clearly distinguishable as then the provisions of the POCSO Act were not brought in by the prosecution. 5. However, it is agreed at the Bar that the petitioner is in custody since 3.4.2023, trial has proceeded substantially in view of examination of the victim, her mother and her father as P.Ws.2, 1 & 3 respectively. 6. Having heard the learned counsel for the parties, considering the material on record, status of trial, 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 for the period of trial which shall 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; Page 3 of 5 the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall record its satisfaction and direct accordingly; 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; 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 himself available anywhere as and when required for such purpose; Page 4 of 5 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 any bona fide reason, the same shall be communicated to the Investigating Agency; 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; 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. It is clarified that any observations made in this judgment shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition. Urgent certified copy of this order be granted in accordance with Rules. Signature Not Verified Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 02-Sep-2024 16:18:01 dutta (M.S.Sahoo) Judge Page 5 of 5