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Orissa High CourtCRLA/561/2022allowed

Sameer @ Samirul Sheikh @ Samirul Sheikh v. State Of Odisha

2022-09-26Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.561 of 2022 Sameer @ Samirul Sheikh @ Samirul Sheikh ....

Appellant Mr.R.N. Prusty, Advocate -versusState of Odisha & another ....

Respondents Mr.Debasis Biswal, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

26.09.2022 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 in the case, has already been served.

None appears for 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.22 of 2022 arising out of Brajarajnagar P.S. Case No.171 of 2022 pending in the Court of learned Special

// 2 // Judge, Jharsuguda for offences punishable under sections 376(2)(n),294 and 506 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 Special Judge, Brajarajnagar which was rejected on 27.06.2022.

Considering the submission made by the learned counsel for the appellant that the appellant was taken into judicial custody on 27.05.2022, charge sheet has been submitted under sections 376(2)(n),294 and 506 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 and after going through the 164 Cr.P.C statement of the victim, who is aged about twenty eight years produced by the learned counsel for the State and the medical examination report of the victim, 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 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 keep any contact with the victim, shall not indulge in any criminal activities and shall appear before the learned trial Court on each date

// 3 // 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