Kamalakanta@Kamal Lochan Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.656 of 2022 Kamalakanta @ Kamal Lochan Mohanta ....

Appellant Mr. Arijeet Mishra, Advocate -versus1. State of Odisha

2. Dakhina Ranjan Naik

3. Sulochana Naik Respondents ....

Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.10.2022 This matter is taken up through Hybrid arrangement 03.

(video conferencing/physical mode).

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 Special G.R. Case No.14 of 2022 arising out of Jashipur P.S. Case No.126 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Karanjia for offences punishable under sections 363/376(2)(n)/323 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act. The appellant moved an application for bail before the

// 2 // Court of learned Special Judge, Karanjia which was rejected on 03.08.2022.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 20.06.2022 and he has been charge sheeted under sections 363/376(2)(n)/323 of the Indian Penal Code read with section 3(2)(v) 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 two 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 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