Sanjaya Kumar Biswal Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.222 of 2023, arising out of Kodala P.S. Case No.561 of 2023, pending in the Court of learned Additional Sessions Judge-cum-Special Court, Berhampur, for alleged commission of offences punishable under Sections 294, 506, 354-B, 354-D, 507, 509 of I.P.C. read with Sections-66-E, 67-A & 67-B of IT. Act., 2000 and

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Section 12 of the POCSO Act.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 23.11.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed under Sections 294/500/506/507 of the I.P.C. read with Sections-66(E), 67(A) & 67(B) of the I.T. Act and Section-12 of the POCSO Act. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. He also contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which the Petitioner shall abide by while on bail.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, submitted that considering the seriousness and gravity of the allegation made in the F.I.R., the Petitioner is not entitled to be released on bail. He further contended that in the event the Petitioner is released on bail, there is every possibility he might abscond from justice which would cause delay in conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having regard to the allegation made in the F.I.R. as

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well as the materials on record and further taking into consideration the fact that the Petitioner is in custody since 23.11.2023 and that in the meantime charge sheet has been filed, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. While imposing conditions, the Court in seisin over the matter shall impose conditions whereby the Petitioner shall not threaten, harass or terrorize the victim and her family members in any manner whatsoever while on bail; shall not indulge in similar type of offences while on bail; and shall appear before the trial court on each and every date of posting of the case. Violation of any of the conditions shall entail cancellation of bail.

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8. The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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Signature Not Verified Debasis

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( Aditya Kumar Mohapatra) Judge

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 14-May-2024 11:21:12

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Sanjaya Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjaya Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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