Pradip @ Pradeep Samal 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.

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The present bail application under Section 439 of Cr.P.C.. has been filed by the Petitioner for regular bail in connection with Spl.G.R.Case No.99 of 2024 arising out of Cuttack Sadar P.S.Case No.281 of 2024, pending in the Court of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack for alleged commission of offence punishable under Sections 341,323,328, 354(A), 354(D), 506, 509 of the Indian Penal Code read with section 10/12 of POCSO Act.

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Learned counsel for the Petitioner submits that earlier

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this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 03.07.2024. Further he contended that in the meantime the investigation has been concluded and final Charge Sheet has been filed on 06.07.2024. Learned counsel for the Petitioner further contended that the Petitioner has been falsely implicated in the present case. He further contended that there is no allegation of sexual assault against the present Petitioner in the F.I.R. He further contended that the Petitioner does not have any criminal antecedent. He also contended that since the Petitioner belongs to the locality there is no chance of his absconding.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground of seriousness and gravity of the allegation that the Petitioner is harassing the victim. On such ground learned counsel for the State submitted that in the event the Petitioner is released on bail there is every likelihood that he might commit such offence again and the bail application deserves to be rejected at this juncture.

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Considering the submissions made by the learned counsels for the respective parties, on a careful examination of the materials on record and further taking note of the seriousness and gravity of the allegation, this Court is inclined to release the Petitioner on bail subject to such terms and conditions that would be imposed by the learned court in seisin over the matter.

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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. Release of the Petitioner shall be subject to the following conditions:

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i) shall not indulge in similar nature of offence while on bail;

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ii) shall appear before the trial court on each and every date fixed without fail;

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iii) shall appear before the local P.S. once in a in a week preferably on Sunday between 10 A.M. to 1 P.M. for a period of eight weeks and thereafter once in a fortnight for a period of four months;

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