Allowed

Gadadhar Sethi v. State of Odisha

Orissa HC19 Mar 2021BLAPL/1043/2020

Case brief

AI extract

What is this about?

In an application for bail under Section 439 CrPC, the court granted interim bail to the petitioner in a criminal case involving sexual offences and assault, noting the victim's unavailability for trial, despite declining to grant bail on merit.

What did the court decide?

Petitioner released on interim bail for Rs. 50,000 with two sureties until 21st June 2021, subject to conditions regarding surrender and non-contact with witnesses.

Gadadhar Sethi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

BLAPL No.1043 of 2020

Gadadhar Sethi

… Petitioner

-Versus-

State of Odisha

... Opp. party

19.03.2021 The matter is taken up through Hybrid arrangement (video conferencing/ physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Delanga P.S. Case No.41 of 2019 corresponding to S.T. Case No.21/92 of 2019 pending in the Court of learned Asst. Sessions Judge, Pipili for alleged commission of offences under sections 452, 323, 354, 354(A), 506/34 and 376D of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Puri, which was rejected on 21.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.03.2019 and his earlier bail application in BLAPL No. 3103 of 2019 was rejected by this Court as per order dated 30.04.2019 relying on the 164 Cr.P.C. statement of the victim and again the petitioner approached this Court in BLAPL No. 5812 of 2019 and also by filing the present bail application. Since it was a case of double filing, learned counsel for the petitioner withdrew BLAPL No. 5812 of 2019.

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It was submitted on 01.06.2020 that in spite of repeated summons, the victim was not appearing before the learned trial Court to give her evidence. Learned counsel for the State was asked to obtain instruction as to whether the victim’s whereabouts is known or not and if the victim is available, her present address is to be furnished to the learned trial Court for facilitating her examination.

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Learned counsel for the State produced the instruction received from the I.I.C., Delanga Police Station to the effect that the victim is neither staying in her address given in the charge sheet at village Radhua nor her whereabouts is known.

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Considering the submissions of the learned counsel for the respective parties, period of detention of the petitioner in judicial custody, the fact that the case is lingering in the trial Court mainly on account of nonexamination of the victim and the prosecution is unable to provide the whereabouts of the victim to the learned trial Court, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail. The interim bail period of petitioner shall start from 23^rd March 2021 and he shall surrender before the learned trial Court on 21^st June 2021.

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For the aforesaid period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like

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amount to the satisfaction of the learned Court in seisin over the matter with further conditions that the petitioner shall not come in contact with the prosecution witnesses or try to tamper with the evidence and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Gadadhar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gadadhar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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