Ashok Kumar Das Vs State of Odisha

This bail application under Section 439 of the Cr.P.C., filed by the petitioner has arisen out of C.T. Case No.150 of 2022 in connection with Info City P.S. Case No.99 of 2022 pending before the learned 3^rd Addl. Sessions Judge, Bhubaneswar.

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I have already heard from the learned counsel for the petitioner and learned AGA for the State.

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The petitioner is facing trial in the Court of learned 3^rd Addl. Sessions Judge, Bhubaneswar in C.T. Case No.150 of 2022 having been charged under Sections 363,365 & 367 of the IPC read with Sections 75 & 76 of the J.J. (Care and Protection of Children) Act.

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The petitioner is in custody since 21.04.2022.

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During trial, out of 16 numbers of charge-sheeted witnesses, only 3 numbers of witnesses have been examined. The rest 13 numbers of witnesses are yet to be examined.

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When the petitioner is facing trial as an U.T.P. (Under Trial Prisoner) and when out of 16 numbers of charge-sheeted witnesses, only 3 numbers of witnesses have been examined and the rest 13 numbers of charge sheeted witnesses are yet to be examined and when there is no certainty, when the trial of the case will be completed and when the petitioner is in jail custody for 2 years and 7 months and when the presence of the petitioner during trial is not unsecured, as, he is a local man having his house and homestead within the jurisdiction of Jatani P.S. under the District of Khorda and when the main object of bail is to secure the attendance of the accused during trial and when the three witnesses (those have been examined) during trial has not implicated the petitioner, then, at this juncture, instead of rejecting the bail application of the petitioner, it is felt proper to allow him (petitioner) to go on bail with conditions.

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Hence, the bail application filed by the petitioner is allowed.

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He (petitioner) is allowed to go on bail on furnishing bail bond 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 over the matter with conditions that :-

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(i) he (petitioner) shall not involve with similar nature of crime in future;

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(ii)he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and his/her

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family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;

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(iii)he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail till its conclusion; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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