Partly allowed

Bikash Kumar Rath v. State of Odisha

Orissa HC3 Sept 2021ABLAPL/10169/2021

Case brief

AI extract

What is this about?

This single-judge bench allowed the petitioner's plea for interim bail, directing his surrender to the Special Court in Cuttack within 15 days and granting bail on the same day subject to standard conditions pending the final hearing of the bail application.

What did the court decide?

Petitioner directed to surrender within 15 days and be released on interim bail on the day of surrender pending final hearing.

Bikash Kumar Rath Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.10169 of 2021

¶3

Bikash Kumar Rath ……. Petitioner

¶4

Mr.R.K.Pattnaik, Advocate -Versus-

¶5

State of Odisha

¶6

……. Opposite Party Mr.Satya Sundar Kanungo,AGA CORAM: JUSTICE C.R. DASH ORDER 03.09.2021 1. This matter is taken up by virtual mode. 2. Heard. 3. The petitioner is implicated for the offences punishable under Sections 341/ 323/ 294/ 506/ 354/ 493/417 of the IPC read with Section 3(2)(v)of SC & ST (POA) Act. 4. In the light of the order passed by this Court in the case of Pramod Kumar Ray and others vrs. State of Odisha (ABLAPL No.18056 of 2016, disposed of on dtd. 10.5.2017), this ABLAPL is disposed of with the following observations. 5. The petitioner shall surrender before the learned Presiding Officer, Special Court, under SC & ST (POA) Act, Cuttack, in C.T. Case No. 126 of 2020 corresponding

¶7

Order No.1

¶8

to Banki P.S. Case No. 178 of 2020 within 15(fifteen) days from today. Seven days before the petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her dependant.

¶9

Taking into consideration the nature of the offence as alleged against the petitioner, it is directed that the petitioner shall be released on interim bail by the learned Presiding Officer, Special Court, under SC & ST (POA) Act, Cuttack, on the same day he surrenders in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions:-

¶10

(1) the petitioner shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge,

¶11

(2) the petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and

¶12

(3) the petitioner shall not involve himself in similar or any other offence during currency of this order. 7. The ABLAPL is accordingly disposed of.

¶13

Urgent certified copy of this order be granted as per rules.

………………………….

(C.R. Dash)

JUDGE

Dhal

Bikash Kumar Rath v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bikash Kumar Rath v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Trailokya Rout Vs State of Odisha

Binapani Patel Vs Aboli Sunil Naravane,Adm

Susanta Kumar Samantray Vs State of Odisha

Prafulla Chandra Sahoo Vs State of Odisha

Sriballav Patra Vs State of Odisha

Naresh Ganthia Vs State of Odisha