Allowed

Sibaram @ Siba Chandra Nayak v. State of Odisha

Orissa HC18 Nov 2021CRLA/216/2021

Case brief

AI extract

What is this about?

High Court allowed bail for the appellant challenging a Sessions Judge order. The victim alleged inconsistent deposition and marriage happiness, mitigating prosecution strength. Considering detention nature and submissions, bail granted with standard conditions.

What did the court decide?

Appellant released on bail with conditions to refrain from criminal activity and influencing witnesses.

Sibaram @ Siba Chandra Nayak Vs State of Odisha — Caste Atrocities | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 216 of 2021

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…. Sibaram @ Siba Chandra Nayak

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Appellant

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Mr. S. S. Ray-2, Advocate

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Versus

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…. State of Odisha & Another Respondents Mr. Sibani Shankar Pradhan, A.G.A.

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CORAM:

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JUSTICE SAVITRI RATHO

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ORDER

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Order No. 18.11.2021

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This matter is taken up through hybrid mode.

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Heard Mr. S. S. Ray-2, learned counsel for the appellant and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

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Mr. Pradhan, learned Addl. Govt. Advocate states that the notice had been issued to the Respondent No.2 and has been served on her on 26.08.2021.

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None appears for the Respondent No.2 when the matter is called.

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This is an appeal under Section 14 (A) of S.C. & S.T. (POA) Amendment Act, challenging the order dated 01.10.2020 passed by the learned Addl. Sessions Judge -cum- Special Judge, Aska, Ganjam in connection with Gangapur P.S. Case No.254 of 2020 corresponding to G.R. Case No.14 of 2020 (Special Act) pending in the Court of learned Special Judge, Aska, Ganjam for commission of offences punishable under Sections 376(2)(n)/294/

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323/506 of I.P.C. read with Sections 3(1)(r)(s)(w)(i)(ii)(v) and 3(2)(v)(va) of the SC & ST (PA) Act.

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The allegation against the appellant as per the F.I.R. dated 05.09.2020 is that since about one year, the appellant has been keeping physical relationship with the victim with a promise to marry her and when she asked him to intimate her parents, he threatened her and on 04.09.2020, the appellant called the victim over phone behind his house and the appellant forcibly committed sexual intercourse with her without her consent. The younger brother of the victim saw them and when her parents came to the spot and asked about the matter, the appellant abused them in obscene language, threatened them and assaulted them, causing injury on the head of the father of the victim.

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Mr. Ray-2, learned counsel for the appellant submits that the appellant is in judicial custody since 07.09.2020. He further submits that in the meantime, the trial has started and the victim has been examined, but she does not support the prosecution case and in her deposition she states that she does not remember giving FIR or what she stated in her statement recorded under Section 164 Cr.P.C. She has further stated that she is happily married now.

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Mr. Pradhan, learned Addl. Govt. Advocate does not dispute the submissions of the learned counsel for the petitioner. 9. Considering the respective submissions, nature of allegations against the appellant, the deposition of the victim and the period of detention of the appellant in judicial custody, I am inclined to allow the prayer for bail.

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Let the appellant- Sibaram @ Siba Chandra Nayak be released on bail on such terms and conditions as may be fixed by

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the learned Court below in seisin over the matter, including the following conditions:

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He will not indulge in any criminal activity while on bail.

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He will not threaten or try to influence prosecution witnesses while on bail.

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Violation of any condition will entail in cancellation of bail.

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The CRLA is accordingly disposed of.

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

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Sukanta

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.........................
(Savitri Ratho)
Judge

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Sibaram @ Siba Chandra Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sibaram @ Siba Chandra Nayak 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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