High CourtsSingle Bench

Tapan Rout vs State Of Odisha & Another

Orissa High Court · Decided on 15 July 2021 · Citation: (2021) 07 OHC CK 0116

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Disaster Management Act, 2005 — Section 51 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(r)(s), 3(2)(va), 14A · Indian Penal Code, 1860 — Section 34, 188, 294, 307, 323, 332, 341, 342, 353, 379, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 261 Of 2021
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Judgment

17 paragraphs · 260 words

B. P. Routray, J

1.

This matter is taken up by video conferencing mode.

2.

Mr. Tripathy, learned Additional Standing Counsel for the State upon instructions submits that the I.O. contacted respondent no.2 for service of

notice, but she refused to meet any person and further accepted the communication through whattsapp about pendency of the case.

3.

Accordingly, notice is treated to be sufficient against respondent no.2 through police.

4.

Heard Mr. D.P. Dhal, learned counsel for the appellant and Mr. P. Tripahty, learned Additional Standing Counsel for the State.

5.

This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the offences alleged are

under Sections 341/323/294/353/379/332/307/506/342/188/34 of the I.P.C, Section 51 of the Disaster Management Act and Section 3(1)(r)(s)/3(2)(va)

of the SC & ST (PoA) Act.

6.

It is submitted that the appellant is inside custody since 7.5.2021 and the allegations relate to attack on the Tahasildar and her staff regarding

violation of COVID guidelines.

7.

After hearing learned counsel for the State and considering the period of detention of the appellant and the nature of allegations, it is directed that

the appellant be released on bail in Special Case No.45/124 of 2021 arising out of Balasore Sadar P.S.Case No.169 of 2021 on such terms and

conditions to be fixed by the learned court below in seisin over the matter.

8.

The appeal is disposed of.

9.

Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4798, dated 15th April, 2021.

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