Chintamani Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.628 of 2022 Chintamani Barik ....

Appellant Mr. M. Das, Advocate -versus1. State of Odisha

2. Truptilata Pradhan ....

Respondents Mr. Debasis Biswal, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.09.2022 03.

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

Learned counsel for the State submitted 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 C.T. Case No.43 of 2022 arising out of G. Udayagiri P.S. Case No.101 of 2022 pending in the Court of learned Additional Sessions Judge, Balliguda for offences punishable under sections

// 2 // 417/376(2)(n)/506 of the Indian Penal Code read with sections 3(1)(r)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act. The appellant moved an application for bail before the Court of learned Additional Sessions Judge, Balliguda which was rejected on 28.07.2022.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 04.07.2022 and charge sheet has been submitted under sections 417/376(2)(n)/506 of the Indian Penal Code read with sections 3(1)(r)/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 was aged about twenty eight years at the time of occurrence produced by the learned counsel for the State, 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 subject to condition that the appellant shall appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any terms and conditions shall entail cancellation of bail.

// 3 // The CRLA is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM