Allowed

Bala@Sivala Srinu v. State of Odisha

Orissa HC26 Nov 2021CRLA/289/2021

Case brief

AI extract

What is this about?

This is an appellant's bail application challenging an order rejecting bail. The High Court, considering the nature of allegations, the length of detention, and completion of investigation, allowed the bail application and ordered the appellant's release with specific conditions.

What did the court decide?

The appellant was released on bail subject to conditions reported by the lower court, including periodic police reporting and restrictions on contact with witnesses or the victim's residence.

Bala@Sivala Srinu Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.289 of 2021

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Bala @ Sivala Srinu

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…. Appellant

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Mr.Rabindranath Prusty, Advocate

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Versus

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.State of Odisha and another

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…. .State of Odisha and another Respondents Mr.S.S.Pradhan, AGA for Respondent No.1 None for Respondent No. 2

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

26.11.2021

Order No.

This matter was taken up through hybrid mode.

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I have heard Mr. Rabindranath Prusty, learned counsel

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for the appellant and Mr. S.S.Pradhan, learned Addl. Government Advocate.

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Notice has been served on 03.09.2021 on the victimRespondent No.2 through the local IIC which is recorded in order dated 03.09.2021. The case was adjourned on that day to enable appearance of Respondent No.2. But none has appeared for Respondent No.2 today.

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This is an application for grant of bail to the appellantBala @ Sivala Srinu in connection with Rayagada P.S. Case No.41 of 2021 corresponding to G.R. Case No.67 of 2021 pending in the Court of the learned Special Judge-cum-District and Sessions Judge, Gajapati registered against the appellant for commission of offence punishable under Sections 294/307/323/ 354/354-A/354-B/457/458/506 of I.P.C. read with Section 3 (1) and 3 (2) (v) of S.C. and S.T. (P.A.) Act.

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The prayer for bail of the appellant has been rejected by order dated 08.06.2021 passed by the learned Special Judge – cum – District and Sessions Judge , Gajapati.

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The case of the prosecution is that on 20.05.2021, when the victim lady was sleeping with her children at her home, the appellant taking advantage of the absence of her husband, who is serving in the Indian Army entered into her house and tried to disrobe her and when she resisted, the petitioner tried to gag her mouth with an intention to kill her and also threatened her with dire consequences abusing her with reference to her caste . As he is an antisocial , she is apprehensive about her safety .

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Learned counsel for the appellant submitted that the appellant is in custody since 23.05.2021 and false allegations have been made as FIR has been lodged after a delay and victim was medically examined on 22.05.2021 at C.H.C. and no external injury was found on her person. He further submits that charge sheet has already been filed in this case , so no useful purpose will be served by detaining the petitioner in custody any further when there is no apprehension of his absconding if he is released on bail

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Mr. S.S.Pradhan, learned Addl. Government Advocate on the other hand, opposed the prayer for bail stating that the appellant has entered into the house of the victim lady on the date of occurrence and tried to assault her sexually in absence of her husband. He further submits that as she had not complained of sustaining any injury other than pain , absence of external injury is not of any consequence and she has explained the reason for delay in submitting the FIR.. He further submits that it is apparent from the impugned order that the victim had

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appeared in the learned Court below and opposed the prayer for bail stating that the accused has been threatening her and she was apprehensive that he may wreak vengeance on her after he is released on bail .

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Considering the respective submissions of the learned counsels, nature of allegations against the appellant, the sentence prescribed for the offences alleged against him and the period of detention of the appellant in judicial custody and the fact that the investigation is over, I am inclined to allow this appeal and the prayer for bail.

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Let the appellant- Bala @ Sivala Srinu be released on bail in the above noted case on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

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

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(ii). He will appear in Rayagada Police Station between 5.00 p.m. to 7.00 p.m. on every alternate Tuesday of every month till commencement of trial and thereafter appear in Court on each date fixed for trial.

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(iii) He will not threaten or try to influence prosecution witnesses and not venture near the house of the victim lady .

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Violation of any condition will entail in cancellation of bail.

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The CRLA is accordingly allowed.

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12.Copy of this order be sent to the IIC Rayagada Police Station. 13. Urgent certified copy of this order be granted on proper application.

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(Savitri Ratho) Judge

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Bichi

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Bala@Sivala Srinu v. State of Odisha

Case brief

What is this about?

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Bala@Sivala Srinu v. State of Odisha

Case brief

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What did the court decide?

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