Orissa High Court
Sk. Asraf Alli vs State Of Odisha ….. Opposite Parties on 17 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10168 of 2024
Sk. Asraf Alli ..... Petitioner
Represented By Adv. -
Bharat Bhusan Routray
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. G. Mohanty, SC
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
ORDER
17.01.2025
Order No.
03. 1. This matter is taken up through hybrid mode.
2. This bail application under Section 439 of Cr.P.C., 1973
of the petitioner arising out of G.R. Case No.86 of 2024 in
connection with Kutra P.S. Case No.99 of 2024 pending in the Court
of learned Addl. Sessions Judge-cum-P.O. Special Court under
POCSO Act, Sundargarh.
3. I have already heard from the learned counsel for the
petitioner and the learned SC for the State.
4. In spite of sufficiency of notice on the victim/informant,
nobody has appeared on her behalf.
5. The petitioner has been charge sheeted under Sections
363,366,370,370-A,372,373,376(2)(n), 468,471,506,120-B/34 of
IPC read with Section 6 of POCSO Act and Section 9/10 of the
Prohibition of Child Marriage Act and Section 81 of the Juvenile
Page 1 of 4.
Justice (Care and Protection of Children) Act along with his five co-
accused persons on the allegations alleged against him that, the
petitioner had prepared a fake Aadhaar Card for the victim in the
computer shop of Vijay Kumar Kushwaha at Rourkela and on the
basis of such fake Aadhaar Card of the victim, his co-accused
persons had taken the victim to Rajasthan, wherein, his co-accused
persons had committed rape on the victim.
6. The learned counsel for the petitioner submitted for
liberal consideration of bail of the petitioner contending that, the
petitioner has not moved with the victim to Rajasthan, but, only
allegations against him that, he had prepared the fake Aadhaar Card
for the victim in the computer shop of Vijay Kumar Kushwaha at
Rourkela, to which, the learned SC for the State vehemently
objected contending that, on the basis of the creation of the fake
Aadhaar Card, the victim was taken away from Rourkela to
Rajasthan, for which, in this heinous nature of allegations alleged
against the petitioner, he (petitioner) should not be allowed to go on
bail as he was one of the conspirator for taking the victim from
Rourkela to Rajasthan.
7. It appears from the presently available materials in the
record that, the petitioner is in jail custody since 19.08.2024, which
is more than four months and during the staying of the petitioner
inside the jail, the investigation of the case has already been
completed due to submission of charge sheet on dated 29.09.2024.
One of the co-accused person i.e. Vijay Kumar Kushwaha in whose
computer shop, the alleged fake Aadhaar Card was prepared, the
said Vijay Kumar Kushwaha has already been allowed to go on bail
vide Order dated 20.11.2024 passed in BLAPL No.10171 of 2024.
Page 2 of 4.
The other co-accused persons of the petitioner except Vijay Kumar
Kushwaha are the principal culprits of the alleged incident for
commission of rape on the victim and for taking the victim from
Rourkela to Rajasthan.
8. When the investigation of the case has already been
completed and when the presence of the petitioner before the I.O.
for the purpose of any further investigation may not be required and
when the petitioner is in jail custody for about more than four
months and when one of the co-accused of the petitioner i.e. Vijay
Kumar Kushwaha who is standing in similar and equal footing with
petitioner in this case has already been allowed to go on bail vide
order dated 20.11.2024 passed in BLAPL No.10171 of 2024 then, at
this juncture, by taking into account to the above nature of
involvement of the petitioner into the alleged incident, it is felt
proper to allow the petitioner to go on bail with stringent conditions
looking to the future safety and security of the informant/victim and
her family members as well as the interest of the prosecution.
9. Hence, the bail application filed by the petitioner is
allowed.
10. 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 :-
(i) he (petitioner) shall not involve with similar
nature of crime in future;
(ii)he (petitioner) shall not terrorize, coerce,
influence or threat any witnesses of the
Page 3 of 4.
prosecution including the informant/victim and
her family members either directly or indirectly in
any manner whatsoever at any stage of the
proceeding of the case;
(iii) he (petitioner) shall appear before the Trial
Court personally in each date of adjournment of
the case before the trial court 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.
11. Accordingly, the bail application filed by the petitioner
is disposed of finally.
12. Grant certified copy of this order to the petitioner on
proper application.
( ANANDA CHANDRA BEHERA)
Judge
Rati Ranjan
Page 4 of 4.
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