Orissa High Court
Braja Kishore Mali @ Dipu vs State Of Odisha … Opposite Party on 28 January, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 157 of 2024
Braja Kishore Mali @ Dipu ... Petitioner
Mr. M. Kanungo, Sr. Advocate
along with
Mr. S. Mishra, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
Mr. P. Ray, Advocate(Informant)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 28.01.2025 12. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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:-
(i) the petitioner shall not commit any
offence while on bail,
(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,
(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,
(iv) the petitioner shall not enter into the
house or village of the victim till disposal
of the case.
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.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
Signature Not Verified (G. Satapathy)
Digitally Signed Judge Signed by: PRIYAJIT SAHOO Reason: Authentication Priyajit Location: HIGH COURT OF ORISSA Date: 30-Jan-2025 16:54:27 Page 3 of 3
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