Dillip Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.675 of 2022 Dillip Gouda ....

Appellant Mr. J. Sahoo, Advocate -versus1. State of Odisha

2. Sajani Behera ....

Respondents Mr. Debasis Biswal, Addl. Standing Counsel Mr. S.K. Mohanty, Advocate for respondent no.2

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.09.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the appellant, learned counsel for the respondent no.2 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 G.R. Case No.45 of 2022 arising out of Purushottampur P.S. Case No.356 of 2022 pending in the Court of learned Additional Sessions Judge, Chatrapur for offences punishable under sections 147/148/323/325/326/ 307/354/354-B/506/341/149 of the Indian Penal

// 2 // Code read with sections 3(1)(r)(s)(w)(i)/3(2)(va) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned Additional Sessions Judge, Chatrapur which was rejected on 10.08.2022.

Learned counsel for the appellant submitted that the appellant is in judicial custody since 28.06.2022 and he has been charge sheeted under sections 147/ 148/323/325/326/307/354/354-B/506/341/149 of the Indian Penal Code read with sections 3(1)(r)(s)(w)(i)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act. It is further submitted that in view of the nature of accusation against the appellant, the bail application of the appellant may be favourably considered.

Learned counsel for the State on instruction submitted that the appellant is having no criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, the period of detention of the appellant in judicial custody and absence of any criminal antecedent, I am inclined to release him 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

// 3 // 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 with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the 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