Manoj Kumar Sahu vs State Of Odisha

S.K. Sahoo, J

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

Heard learned counsel for the appellant and learned counsel for the State.

This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with G.R. Case No.55 of 2022 arising out of Purushottampur P.S. Case No.407 of 2022 pending in the Court of learned Additional Sessions Judge - cum- Special Judge, Chhatrapur, Ganjam for offences punishable under sections 417/376(2)(n)/344/506 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.

Learned counsel for the State has produced the written instruction received from the I.I.C., Purushottampur Police Station dated 06.11.2023, which indicates that the victim has denied to receive the notice. 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 08.03.2023 and he has been charge sheeted under sections 417/376(2)(n)/344/506 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 and after going through the statement of the victim recorded under section 164 of Cr.P.C., who is aged about 21 years and the medical examination report of the victim placed by 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 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.

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