Bijay Sankar Sen@Raja v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.696 of 2022 Bijay Sankar Sen @ Raja ....

Appellant Mr. S.R. Das, Advocate -versus1. State of Odisha

2. Sama Tanty 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.29 of 2022 arising out of Rourkela Plantsite P.S. Case No.181 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Rourkela for offences punishable under section 376(2)(n) 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 Court of learned 1st Additional Sessions Judge -cum- Special Judge, Rourkela which was rejected on 14.07.2022.

// 2 // Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 18.05.2022 and he has been charge sheeted under section 376(2)(n) 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 is a married lady aged about twenty eight years and on hearing 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 not try to come in contact with the victim and 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