Abhisheka Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.343 of 2021 Abhisheka Jena ....

Appellant Mr. D. Nayak, Sr. Advocate -versusState of Odisha and another ....

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

Mr. S.K. Panda, Advocate for Respondent No.2

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.02.2022 10.

1.

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

2.

Heard learned counsel for the Appellant and learned counsel for the State. Perused the F.I.R., case diary, statement of the witnesses and other relevant documents on record.

3.

This is an application under Section 14-A of the S.C. and S.T. (PA) Act, 1989.

4.

Learned counsel for the Appellant submits that the accused and the victim girl-Respondent No.2 had a love relationship with the Petitioner and accordingly, they fled away and there is ample evidence on record to show that the marriage between the parties was solemnized in the year 2016. He further submits that the Appellant is in custody since 04.07.2021 and he prays for bail of the Appellant.

5.

Learned counsel for the State as well as learned counsel for the Respondent No.2 submit that on the basis of evidence on record, both of them have submitted that there was some dispute between the

// 2 // families of the Appellant and the victim girl-Respondent No.2, therefore, the present case filed by the victim girl-Respondent No.2 on being instigated by the family members.

6.

Further, learned counsel for the Respondent No.2 submits that the matter has been amicably settled between the parties in the meantime.

7.

Having heard the learned counsels for the parties, nature of allegation and considering the period of detention of the Appellant, it is directed that let the Appellant be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Appellant shall not be involved in any offence of similar nature, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses or the victim or her family members in any manner whatsoever, shall not make any default in attending the court during trial on each date, he shall not make any attempt to come in contact with the victim. Violation of any of the terms and conditions shall entail cancellation of bail.

8.

It is open for the court in seisin over the matter to impose other conditions may deem just and proper.

9.

With the aforesaid observation, the CRLA is accordingly disposed of.

10.

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

Jagabandhu ( A.K. Mohapatra ) Judge