Ganesh Kand v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.588 of 2022 Ganesh Kand ....

Appellant Mr. B.S. Dasparida, Advocate -versus1. State of Odisha

2. Menka Tandi ....

Respondents Mr. Debasis Biswal, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.09.2022 02.

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

Learned counsel for the State submits that the notice on the respondent no.2 is sufficient.

None appears on behalf of the respondent no.2. 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 S.A. Case No.14 of 2022 arising out of Sinapali P.S. Case No.59 of 2022 pending in the Court of learned Special Judge, Nuapada for offences punishable under sections 376(2)(n)/506/34

// 2 // of the Indian Penal Code and sections 3(1)(r)(w)/ 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, Nuapada which was rejected on 20.06.2022.

After going through the 164 Cr.P.C. statement of the victim and in view of the nature and gravity of the accusation, while not inclining to release the appellant on bail, but taking into account the period of detention of the appellant in judicial custody, I direct the learned trial Court to expedite the framing of charge and steps shall be taken for examination of the victim at the first instance. The appellant is at liberty to renew his prayer for bail after examination of the victim in the trial Court. The CRLA is accordingly disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

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

( S.K. Sahoo) Judge RKM