Pilata Baliarsingh Vs State of Odisha

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CRLA No.211 of 2020

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11.11.2020 This matter is taken up through video conferencing.

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Heard learned counsel for the appellant as well as learned

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counsel for the State-respondent no.1

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The notice on respondent no.2 has been made sufficient in terms of the order dated 10.8.2020.

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The offences alleged are under Secs.376/394/302, I.P.C. and Secs.3(2)(v)(va) of the S.C. & S.T. (POA) Act.

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It is submitted on behalf of the appellant that the appellant is inside custody since 20.9.2016 and there is no material to suggest rape on the deceased. It is further submitted that there is no direct evidence against the appellant and the circumstantial evidence are poor in nature. Further, 12 witnesses have been examined in the meantime in course of trial and the copies of their depositions have been filed on record by the learned counsel for the appellant. As such, there is no chance of influencing the witnesses or tampering with the evidence. It is also submitted that the appellant being a permanent resident under Balliguda P.S., there is less chance of his abscondence from the process of law.

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After hearing learned counsel for the State and considering the circumstances of the case, it is directed to release the appellant on bail in connection with Balliguda P.S. Case No.136/2016 corresponding to C.T. Case No.12/2019 on such terms and conditions to be fixed by the learned Addl. Sessions Judge-cum-Special Judge, Balliguda as he deems just and proper including the condition that the appellant shall attend the learned trial court on each date fixed without fail.

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The CRLA is accordingly disposed of.

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Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4587, dated 25.03.2020.

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BKB

Pilata Baliarsingh v. State of Odisha

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Pilata Baliarsingh v. State of Odisha

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