High CourtsSingle Bench

Rajaram Bagha vs State Of Odisha

Orissa High Court · Decided on 18 July 2023 · Citation: (2023) 07 OHC CK 0161

HON’BLE JUDGES
S.K. Sahoo, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 376(2)(n), 417, 450 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(2)(v), 14A · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 614 Of 2023
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Judgment

11 paragraphs · 356 words

S.K. Sahoo, J

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

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

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.03 of 2023 arising out of Biramaharajpur P.S. Case No.20 of 2023 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Sonepur for offences punishable under sections 450/417/376(2)(n) of the Indian Penal Code, section 3(2)(v) of the S.C. & S.T. (PoA) Act and section 6 of the POCSO Act.

The appellant moved an application for bail before the Court of learned Children’s Court, Sonepur which was rejected on 04.04.2023.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 08.02.2023 and he has been charge sheeted under sections 450/417/376(2)(n) of the Indian Penal Code, section 3(2)(v) of the S.C. & S.T. (PoA) Act and section 6 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim placed by the learned counsel for the State in which the victim has stated her age to be twenty two years and further stated that since last four years, she was having love affairs with the appellant and she kept physical relationship with him and on hearing the learned counsel for the State and the informant, 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 appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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