Allowed

Braja Kishore Mali@Dipu v. State of Odisha

Orissa HC28 Jan 2025BLAPL/157/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC for offences including rape and aggravated penetrative sexual assault under the POCSO Act. With detention nearing two years, the victim examined and no scope for tampering, and citing that bail is the rule and jail the exception, the court admitted the petitioner to bail without expressing any view on merits.

What did the court decide?

Petitioner admitted to bail on furnishing bonds of Rs.50,000 with two solvent sureties of like amount, subject to stated conditions.

Braja Kishore Mali@Dipu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 157 of 2024

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Braja Kishore Mali @ Dipu … Petitioner

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Mr. M. Kanungo, Sr. Advocate along with Mr. S. Mishra, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. M.K. Mohanty, Addl. PP Mr. P. Ray, Advocate(Informant)

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

12.

28.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.439 of CrPC by the Petitioner for grant of bail in connection with Balipatna P.S. Case No. 43 of 2023 corresponding to T.R. Case No.69 of 2023 pending in the file of learned Ad-hoc Addl. Sessions Judge(FTSC-II), Bhubaneswar for commission of offences punishable U/Ss 363/366/376(2)(n)/323/294/506/34 of IPC r/w Sections 6/17 of POCSO Act and Sections 25/27 of Arms Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

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Heard, Mr. Milan Kanungo, learned Senior counsel appearing along with Mr. Sitakanta Mishra, learned counsel for the Petitioner, Mr. M.K. Mohanty,

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learned Addl. Public Prosecutor and Mr. Princepee Ray, learned counsel for the Informant in the matter and perused the record.

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It is brought to the notice of the Court that the Petitioner has been detained in custody since 01.02.2023, but the trial is yet to be concluded even after near about 2 years of the custody of the Petitioner. Further, the victim has already been examined in this case and there is no scope for tampering her evidence. Right to speedy trial is the fundamental right of an accused, but such right in this case appears to have been infringed.

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In view of the aforesaid facts and after having considered the rival submissions and on going through the evidence of witnesses and delay in disposal of the case and following the well recognized principle “bail is the rule, but jail is the exception”, this Court without expressing any view on merits admits the Petitioner to bail.

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Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 in the course of trial shall attend the trial Court on each date of

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posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court,

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(iv) the petitioner shall not enter into the house or village of the victim till disposal of the case.

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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 in future for grave/similar offence 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. 8. Issue urgent certified copy of the order as per Rules.

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Priyajit Location: HIGH COURT OF ORI SSA Date: 30-Jan-2025 16:54:27

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Braja Kishore Mali@Dipu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Braja Kishore Mali@Dipu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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