High CourtsSingle Bench

Ratnakar Swain vs State Of Odisha

Orissa High Court · Decided on 7 June 2021 · Citation: (2021) 06 OHC CK 0021

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 323, 354, 376(2)(n), 506 · Schedule Castes And Scheduled Tribes (Prevention Of Atrocities) Act,1989 — Section 3(2)(v), 14A
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No.14 Of 2021
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Judgment

20 paragraphs · 348 words

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Learned counsel for the State on instruction submitted that 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 G.R. Case No.903 of 2020 arising out of Jeypore Mahila

P.S. Case No.69 of 2020 pending in the Court of learned Sessions Judge -cum- Special Judge, Koraput at Jeypore for offences punishable under

sections 376(2)(n)/506/323/354 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (POA) Act.

The appellant moved an application for bail before the Court of learned Special Judge, Koraput-Jeypore which was rejected on 05.01.2021.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 23.11.2020 and he has been

charge sheeted under sections 376(2)(n)/506/323/354 of the Indian Penal Code read with section 3(2)(v) 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.