Kalim Ansari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.693 of 2019 Kalim Ansari ....

Appellant Mr. U.Ch. Jena, Advocate -versusState of Odisha and another .... Respondents Mr. G.R. Mohapatra, ASC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

19.04.2022 Order No.

05.

1. The matter is taken up through hybrid mode.

2. Heard learned counsel for the appellant-petitioner and learned counsel for the State.

3. The petitioner has filed this appeal seeking to quash the order dated 17.05.2019 passed by the learned Special Judge, Karanjia in Special G.R. Case No.40 of 2018, corresponding to Raruan P.S. Case No.36 of 2017, whereby his application for bail has been rejected.

4. The petitioner is facing trial for commission of offence under Sections 363, 376(2)(n) of the IPC read with Section 3(2)(v) of the SC and ST (P.A.) Act before the said court.

5. The prosecution story, in a nutshell, is that on 23.06.2018 at around 9.00 P.M., the accused took the victim from her house and

// 2 // raped her. The statement under Section 164 of the Cr.P.C. has also quite sync with the allegation levelled in the FIR.

6. Learned counsel for the petitioner submits that there is no material against the petitioner to implicate him in the alleged crime. The petitioner is in custody since 07.07.2018. The chargesheet has been filed. So, the appeal may be allowed.

7. Learned counsel for the State vehemently opposed the bail prayer of the petitioner.

8. Since substantial progress is made in the trial as per the letter dated 04.04.2022 by the office of the Addl. Sessions Judge, Karanjia, this Court is not inclined to grant bail to the petitioner. Hence, the CRLA is dismissed.

9. The trial court is directed to conclude the trial in Special G.R. Case No.40 of 2018 within a period of next four months from today, if there is no other impediment.

(S.K. Panigrahi) Judge PCD