Bishnu Narayan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.233 of 2022 Bishnu Narayan Behera ....

Appellant Mr.G.C. Swain, Advocate -versus1. State of Odisha

2. Urmila Behera ....

Respondents Mr.Arupananda Das, Addl. Government Advocate Mr. J.N. Panda (for the respondent no.2)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.08.2022 06.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the appellant, learned counsel for the State and learned counsel for respondent no.2.

Heard learned counsel for the appellant and learned counsel for the State as well as learned counsel for the respondent no.2.

Learned counsel for the appellant files the surrender certificate along with some documents, which are taken on record.

// 2 // This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Case No.61 of 2021 arising out of Lanjigarh P.S. Case No.74 of 2021 pending in the Court of learned Sessions Judge -cumSpecial Judge, Kalahandi, Bhawanipatna for offences punishable under sections 376(2)(n), 354-A, 506 and 326 of the Indian Penal Code read with sections 3(1)(r)(s)(w)(i)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act. The appellant moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Kalahandi, Bhawanipatna which was rejected on 16.11.2021.

Learned counsel for the appellant submits that pursuant to the interim order of this Court, the appellant after availing the same, has surrendered before the learned Court below at right time. He further submitted that in the meantime, the marriage between the appellant and the victim has been solemnized and the dispute has been sorted out between the parties. Learned counsel for the informant does not dispute the same.

Considering the submissions made by the learned counsel for the respective parties, lis pendens development made in the meantime after institution of the case and the documents filed by the learned counsel for the appellant and the conduct of the appellant in complying with the earlier interim bail order of this Court, I am inclined to release the appellant on bail.

// 3 // Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge PKSahoo