Allowed

Daya Gahir v. State of Odisha

Orissa HC20 Apr 2021CRLA/9/2021

Case brief

AI extract

What is this about?

This appeal challenged the rejection of a bail application under S.C. & ST (POA) Act, 1989. The High Court, examining material including victim statement and detention period, held detention till trial was not warranted and granted bail with specific conditions.

What did the court decide?

Appellant is released on bail with conditions to not terrorize witnesses and appear on each posting date till conclusion of trial.

Daya Gahir Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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CRLA NO.09 OF 2021

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20.04.2021

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The matter is taken up through video conferencing mode. The Appellant by filing this Appeal under section 14-A of the S.C. & ST (POA) Act has assailed an order dated 13.10.2020 passed by the learned Sessions Judge-cum-Special Judge, Kalahandi in C.T. Case No. 25 of 2020 (Special Act) rejecting the application filed by the Appellant for his release on bail.

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The Accused-Appellant is in custody in connection with Narla P.S. Case No.118 of 2020 corresponding to C.T. Case No.25 of 2020 pending on the file of learned Sessions Judgecum-Special Judge, Kalahandi at Bhawanipatna.

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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 despite due service of notice.

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Considering the submissions made and on going through the materials on record including the statement of the victim recorded under section-164 of the Cr.P.C., further keeping in view the surrounding circumstances as those emanate from the materials on record as also the period of detention of the Appellant in custody in taking a view that the detention of the Appellant till conclusion of the trial is not warranted, while being inclined to reconsider the prayer for grant of bail to the Appellant; it is directed that the Appellant be released on bail in the

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= 2 =

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aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not terrorize or threaten the prosecution witnesses including the victim in any manner; and will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.

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The CRLA is accordingly disposed of.

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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 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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…………………….

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D. Dash, J.

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Narayan

Daya Gahir v. State of Odisha

Case brief

What is this about?

What did the court decide?

Daya Gahir 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

Statutes considered

Parties & counsel

Coram

Case details

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