Ashis Kumar Mahapatra @ Ganesh vs State Of Odisha And Another

B. P. Routray, J

Heard Mr. D.P. Mohapatra, learned counsel for the Appellant, Mr. S.N. Mishra, learned A.S.C. for the State-Respondent No.1 and Mr. R.K. Rout, learned counsel for the Respondent No.2-informant.

This is an appeal under Sec.14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the offences alleged are under Secs.365/366/376(2)(n)/294/506, I.P.C. and Secs.3(1)(r)(s)(w)/3(2)(v)(va) of the S.C. & S.T. (POA) Act.

It is submitted by learned counsel for the Appellant that the Appellant is inside custody since 7.5.2021 and in the meantime investigation has been completed. It is also submitted that as per the statement of the victim both the Appellant and the victim were in love relationship, but due to some dispute, this FIR has been lodged against the Appellant.

On the other hand, learned counsel for the informant objects the prayer for bail of the Appellant saying that the relatives of the Appellant are giving threat to the informant. But admittedly, no FIR has been lodged on that account against anyone.

Upon hearing learned A.S.C. for the State-Respondent No.1 and learned counsel for the informant, and considering the statement of the victim recorded under Section 164 Cr.P.C. and the surrounding circumstances of the case, it is directed to release the Appellant on bail in connection with Bhadrak Rural P.S. Case No.213/2021 corresponding to Spl. (S.C. & S.T.) Case No.63/2021 on such terms and conditions to be fixed by the learned Sessions-cum-Special Judge, Bhadrak as he deems just and proper including the condition that the Appellant shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

The CRLA is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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