Ganesh Barik vs State Of Odisha & Another

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. Uma Shankar Patel, learned counsel for the appellant appearing through virtual High Court, Sundargarh and Mr. Arupananda Das, learned Additional Government Advocate appearing 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.42 of 2023 arising out of Rajgangpur P.S. Case No.143 of 2023 pending in the Court of learned Special Judge, Sundargarh for offences punishable under sections 376(2)(h)(n)/506/323 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act.

Learned counsel for the State has produced the written instruction received from the I.I.C., Rajgangpur Police Station dated 06.11.2023, which indicates that the foetus of the victim has been aborted in a hospital at Rourkela and risk bond has been signed by the victim as well as the appellant. The written instruction is taken on record.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 24.03.2023 and he has been charge sheeted under sections 376(2)(h)(n)/506/323 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 statement of the victim recorded under section 164 of Cr.P.C., who is aged about 24 years placed by the learned counsel for the State in which the victim has stated about her love affair with the appellant since three years and keeping physical relationship with the appellant and going through the other materials available on records, 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 with further conditions that he shall not try to keep any contact with the victim in any manner whatsoever, he shall not tamper with the evidence and 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.

Issue urgent certified copy of this order on proper application.

I.A. No.2731 of 2023

In view of the order passed today in CRLA No.783 of 2023, the I.A. stands disposed of..

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