Sanjay Kumar Routray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.636 of 2022 Sanjay Kumar Routray ....

Appellant Mr. S.K. Dash, Advocate -versus1. State of Odisha

2. Kamalini Sethi Respondents ....

Mrs. Susamarani Sahoo Addl. Standing Counsel Mr. A.K. Pandey, Advocate for respondent no.2

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.10.2022 04.

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

Heard learned counsel for the appellant, learned counsel for the informant 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 T.R. No.43 of 2022 arising out of Nirakarpur P.S. Case No.87 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge under S.C. & S.T. (PoA) Act, Khorda for offences punishable under sections 376(2)(n)/

// 2 // 379/506 of the Indian Penal Code read with sections 3(1)(r)(s)/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 -cumSpecial Judge under S.C. & S.T. (PoA) Act, Khorda which was rejected on 27.07.2022.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 15.05.2022 and he has been charge sheeted under sections 376(2)(n)/379/506 of the Indian Penal Code read with sections 3(1)(r)(s)/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 one years at the time of occurrence produced by the learned counsel for the State and other materials available on record, 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

// 3 // 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