Allowed

Tapas Nayak v. State of Odisha

Orissa HC12 Nov 2020CRLA/412/2020

Case brief

AI extract

What is this about?

In a bail application under section 14-A of the SC & ST (POA) Act, 1989 regarding offences under IPC and POCSO, the Special Judge allowed bail with a bond of Rs. 50,000 and two sureties after considering detention period and victim statements.

What did the court decide?

Release of appellant on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties for the like amount subject to terms deemed proper by the learned trial Court.

Tapas Nayak Vs State of Odisha — Caste Atrocities | Orissa HC (2020)

CRLA No.412 of 2020

Tapas Nayak

… Appellant

-VERSUS-

1. State of Odisha 2.Bijayalaxmi Sethi

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... Respondents

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12.11.2020 The matter is taken up through Video Conferencing.

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

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None appears on behalf of the respondent no.2.

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with Special Case No.48 of 2017 arising out of Simulia P.S. Case No.21 of 2017 pending in the Court of learned Special Judge, Balasore for offences punishable under sections 363/493/34 of the Indian Penal Code read with sections 4 and 6 of the POCSO Act and section 3(2)(v)(va) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Addl. Sessions Judge –cum- Special Judge, Balasore which was rejected on 18.05.2020.

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It is submitted by the learned counsel for the appellant that the appellant is in judicial custody since 17.04.2017 and the victim on being examined as P.W.7 has specifically stated that the appellant has never kept any physical relationship with her and they decided to marry. Learned counsel further submits that in Criminal Revision No.159 of 2020 in I.A. No.204 of 2020, this

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Court as per order dated 01.06.2020 directed stay of further examination of P.W.7. It is further submitted that earlier the petitioner approached this Court in BLAPL No.3307 of 2017 and it was disposed of as withdrawn on 10.07.2018.

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Learned counsel for the State placed the evidence of P.W.7 as well as the rejection order.

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence available on record, the progress of trial and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.

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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 learned trial Court with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the CRLA is disposed of.

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

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…………………..……

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S.K. Sahoo, J.

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Sisir

Tapas Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tapas Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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