SAROJ BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement (virtual/physical) mode.

(2.) This Petitioner, who is in custody in connection with Deogaon P.S. Case No.59 of 2021 arising out of Spl. G.R. Case No.20 of 2021 pending in the Court of the learned Special Judge (POCSO), Bolangir for offence punishable under Sec. 363/376 of the IPC read with Sec. 4 of the POCSO Act, in filing this application under Sec. 439, Cr.P.C. for his release on bail.

(3.) Learned counsel for the Petitioner submits that the Petitioner was on bail since 3/9/2021 and for his absence before the Trial Court on 14/9/2022, N.B.W./A had been issued against him and thereafter, he having surrendered voluntarily, is in custody since 24/2/2023. He further submits that in the meantime the Petitioner has further remained in custody for more than two months. He submits that such absence of the Petitioner was neither deliberate nor intentional and it was for the unavoidable circumstances beyond the control of the Petitioner and he having instructed his counsel to take steps, the same has not been taken, which has led to this situation. He, therefore, urges for grant of bail to the Petitioner on such terms and conditions as deemed just and proper.