Allowed

Badal Digal v. State of Odisha

Orissa HC24 Mar 2023BLAPL/691/2023

Case brief

AI extract

What is this about?

In a bail application under S.439 Cr.P.C. for rape and aggravated penetrative sexual assault under IPC and POCSO Act, this Court admitted the petitioner to bail considering the gravity of accusations, pre-trial detention since June 2020, and the delay in trial completion exceeding the statutory period under S.35(2) POCSO Act, subject to strict conditions.

What did the court decide?

Petitioner admitted to bail on furnishing bond of Rs.50,000 with two sureties and compliance with strict reporting conditions.

Badal Digal Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.691 of 2023

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Badal Digal

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Petitioner

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Mr. A.K. Sahoo, Advocate -versus-

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State of Orissa and Another

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… Opposite Parties

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Mr. P.K. Pattnaik, AGA

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CORAM: JUSTICE G. SATAPATHY

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ORDER

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24.03.2023

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Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No.11 of 2020 arising out of Tikabali P.S. Case No.37 of 2020 pending in the file of learned Addl. Dist. JudgeCum-Judge Special Court, Phulbani, for commission of offences punishable under Sections 363/ 366/ 376(2)(n)/ 376(3)/ 506 of IPC read with Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim.

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Petitioner being represented by his learned counsel Mr. A.K. Sahoo, prays to grant him bail. On the

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other hand, Mr. P.K. Pattnaik, learned AGA, however, strongly opposes the bail application of the petitioner. 4. After taking into consideration the rival submissions made and the nature and gravity of accusations raised against the petitioner and keeping in view the examination of the victim in the trial and taking into account the pre trial detention of the petitioner since 21.06.2020 and regard being had to the other circumstance on record in entirety and the trial having not concluded within one year of taking cognizance of offence as stipulated by Sec.35(2) of the POCSO Act, this Court admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds 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 of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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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 for similar offences in future on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per

Rules.

(G. Satapathy)

Judge

Subhasmita

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Badal Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Badal Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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