Amarnath Mishra@Amaranath Mishra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.428 of 2022 Amarnath Mishra @ Amaranath Mishra ....
Appellant Mr. R.N. Rout, Advocate -versus1. State of Odisha
2. Smt. Jasoda Dalai ....
Respondents Mr. Manoranjan Mishra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
10.08.2022 02.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Learned counsel for the State submitted that the notice on the informant has been made sufficient since 24.06.2022.
None appears on behalf of the informant.
Heard learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.101 of 2022 arising out of Jajpur Sadar P.S. Case No.127 of 2022 pending in the Court of learned Special
// 2 // Judge -cum- Sessions Judge, Jajpur for offences punishable under sections 498-A/294/323/506/34 of the Indian Penal Code, sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act and section 67 of the Information Technology Act, 2000.
The appellant moved an application for bail before the Court of learned Special Judge, Jajpur which was rejected on 20.05.2022.
Learned counsel for the appellant submitted that the appellant is the husband of the victim-informant and the case is basically matrimonial dispute and the appellant is in judicial custody since 07.05.2022 and investigation has made substantial progress and therefore, the bail application of the appellant may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, the relationship between the appellant and the victim and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.
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
// 3 // 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 RKM