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Judgment
21 paragraphs · 362 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
It appears from the records that the notice on the respondent no.2 is sufficient.
None appears on behalf of the respondent no.2.
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 T.R. Case No.59 of 2020 arising out of Balugaon P.S. Case
No.204 of 2020 pending in the Court of learned 1st Additional Sessions Judge -cum- Special Judge, under SC and ST (PA) Act, Khurda for offences
punishable under sections 376(2)(n)/294/506 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v)(va) 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, under SC and ST (PA)
Act, Khurda which was rejected on 08.02.2021.
Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 09.12.2020 and he has been
charge sheeted under sections 376(2)(n)/294/506 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (POA) Act
and after going through the 164 Cr.P.C. statement of the victim, who is aged about thirty five years placed 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 bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may
deem just and proper.
Accordingly, the CRLA is disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.