Orissa High Court
Tukuna @ Pinku @ Bishnu vs State Of Odisha … Opposite Party on 30 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9336 of 2024
Tukuna @ Pinku @ Bishnu ... Petitioner
Charan Behera
Mr. A.R. Panda, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. S.K. Rout, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 30.04.2025 06. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the 2nd bail application U/S.483 of BNSS
by the petitioner for grant of bail in connection with
Phulbani Town PS Case No.237 of 2023 corresponding to
CT Case No.61 of 2023 pending in the file of learned
Additional District & Sessions Judge-Cum-Special Judge,
POCSO Act, Phulbani, for commission of offences
punishable under Sections 363/ 366/ 342/ 376(2)(n)/
376/ 506 of IPC r/w Sections 4/6 of POCSO Act, on the
allegation of kidnapping the victim and committing rape
and aggravated penetrative sexual assault upon her.
3. At the outset, Mr. Amulya Ratna Panda, learned
counsel for the petitioner apprises this Court that this is
the 2nd bail application of the petitioner, but no bail
application of the petitioner is pending before any other
forum except this one. Heard, Mr. Amulya Ratna Panda,
learned counsel for the petitioner and Mr. S.K. Rout,
Page 1 of 3
learned Additional Public Prosecutor in the present matter
and perused the record including the deposition of the
victim. None appears for the informant/victim despite
being duly intimated as informed by learned Addl. PP.
4. After having considered the rival submissions
and taking into consideration the nature and gravity of
the offences as alleged against the petitioner vis-à-vis the
accusations sought to be brought against him and regard
being had to the pre-trial detention of the petitioner in
custody since 24.09.2023 with examination of the victim
in the meanwhile and trial having not concluded even
after near about one year and nine months custody of the
petitioner and taking into account the other
circumstances on record in entirety including the evidence
of the victim, this Court without expressing any view on
merits admits the petitioner to bail.
5. Hence, the bail application of the petitioner
stands allowed and the petitioner 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
posting without fail unless his attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordancePage 2 of 3
with the terms of the bail, the learned
trial Court may proceed against the
Petitioner for offence U/S.269 of BNS,
2023 in accordance with law,
(iii) the petitioner shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six(06) months from the actual
date of his release from the custody and
(iv) the petitioner shall not contact the
victim or visit her house or nearby area of
her house till disposal of the case.
The I.I.C. of Jurisdictional Police Station shall not
detain the petitioner unnecessarily after recording his
attendance beyond the time as stipulated.
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
similar/grave offences on prima facie accusations may be
treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Subhasmita
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-May-2025 17:45:03 Page 3 of 3
[ad_1]
Source link