Ranjay Singh@Ranajay Singh@Babua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.159 of 2022 Ranjay Singh @ Ranajay Singh @ Babua ....

Appellant Mr.Sunil Kumar Panda, Advocate -versusState of Odisha & another ....

Respondents Mr.P.C.Das,A.S.C.

Mr.S.Rout, Advocate for R-2.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.03.2022 2.

1.

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

2.

This appeal has been directed against the order dated 18.02.2022 passed by the learned Special Judge, Jharsuguda in C.T.Case No.03 of 2022 arising out of Brajrajnagar P.S.Case No.37 of 2022 in rejecting the bail petition filed by the appellant. 3.

Heard learned counsel for the Appellant as well as learned Additional Standing Counsel.

4.

The brief facts of the prosecution case as revealed from the F.I.R. that the informant reported the matter before the Police and that all the accused persons assaulted the informant and other family members and outraged her modesty and abused towards her caste. 5.

It is submitted by the learned counsel for the Appellant that the Appellant is in custody since 23.12.2021. It is further submitted by the learned counsel for the Appellant that the Appellant had never

// 2 // gone to the alleged spot and he has also no knowledge to the alleged incident. It is also submitted by the learned counsel for the Appellant that co-accused persons have been released on bail. He further submits that since the Appellant is a local man having his residence in the village, there is no chance of his absconding and in the event he is released on bail, shall spear before the trial court on each and every date.

6.

Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Appellant and submits that the prayer for bail of the Appellant should be rejected.

7.

Learned counsel appearing for the informant submits that the matter has been settled between the parties in the meantime. 8.

Having heard the learned counsel for the parties and considering the materials on record and the fact that co-accused have been released on bail and the period of custodial detention of the Appellant and the fact that the matter has been amicably settled between the parties, I am inclined to release the Appellant on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions i) shall cooperate with the trial of the case and shall appear in court on each and every date to which the case is posted.

ii) shall not indulge in any offence of similar nature iii) shall not threaten or terrorise the witnesses while on bail and also shall not try to make any contact, approach the victim or her husband iv) Violation of any of the terms and conditions shall entail cancellation of bail.

// 3 // 9.

The impugned order is set aside and the appeal is allowed. 10.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge