Allowed

Hruda @ Hrudananda Pradhan v. State of Odisha

Orissa HC13 Dec 2021CRLA/357/2021

Case brief

AI extract

What is this about?

The High Court allowed an appeal under the SC & ST (POA) Act against an order rejecting bail. Setting aside the lower court's decision, the Court granted bail to the appellant, imposing specific conditions to prevent tampering with evidence, influencing witnesses, and approaching the victim.

What did the court decide?

The order dated 27.07.2021 rejecting bail was set aside, and the appellant was released on bail subject to conditions of not tampering with evidence, not contacting the victim, and police reporting.

Hruda @ Hrudananda Pradhan Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 357 of 2021

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Hruda @ Hrudadnanda Pradhan …. Appellant Mr. S. Khan, Advocate

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-versus-

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CORAM: JUSTICE SAVITRI RATHO

Order No.

ORDER

13.12.2021

The matter is taken up by hybrid mode.

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Heard. None appears for the Respondent No.2 when the matter is called. Learned counsel for the State submits that the notice has been served on Respondent No.2 on 16.11.2021 intimating him to appear in the Court on 13.12.2021.

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This appeal has been preferred by the appellant-Hruda @ Hrudananda Pradhan under Section 14-A (2) of SC & ST (POA) Act, 1989 against the order dated 27.07.2021 passed by the learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Angul in Special (POCSO) Case No. 42 of 2021 arising out of Athamallik P.S. Case No. 0097 of 2021 for commission of offences punishable under Sections 341/294/354-B of IPC read with Section 10 of the POCSO Act and Section 3 (1)(s)(w)(i)/ 3 (2)(va) of S.C. & S.T. (PoA) Act.

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The prayer for bail of the present appellant was rejected by the learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Angul on 27.07.2021.

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The allegation against the appellant is that on 21.06.2021 at about 8 A.M. when the informant’s daughter Swati Behera went to buy

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Kurkure to the shop of the appellant, the appellant forcibly took the victim girl inside his shop and disrobed her. The victim bit him and escaped. The victim came to her house and narrated the incident before her grandmother. It is alleged that when the informant asked about the matter, the appellant abused him in filthy languages. The F.I.R. has been registered on 23.06.2021 i.e. after two days of the said incident.

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Mr. P.C. Das, learned Additional Standing Counsel places the statement of the victim girl recorded under Section 164 Cr.P.C. where she has stated that when she gone to buy Kurkure to the shop of the appellant, the appellant dragged her inside his shop and under the fudge and took off her clothes but she got seared managed to escape after biting his hand.

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Mr. S. Khan, learned counsel for the appellant submits that the appellant has been arrested on 24.06.2021 and in the meanwhile charge sheet has been filed. He further submits that false allegations have been made against him.

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Considering the nature of allegation against the appellant and the fact that the investigation has been completed in the meanwhile, I am inclined to allow the appeal and release the appellant on bail. The order dated 27.07.2021 is set aside.

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Let the appellant- Hruda @ Hrudananda Pradhan be released on bail 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 tamper with prosecution evidence.

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(ii)He will not threaten or try to influence prosecution witnesses.

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(iii) He will report before the Athamallik Police Station once on every Monday between 10.00 A.M. to 1.00 pm.

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(iv) He will not go near the house of the informant/Respondent No.2.

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No observation in this order shall influence the trial Court in any

manner.

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Violation of any condition will entail in cancellation of bail. The CRLA is accordingly disposed of.

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

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(Savitri Ratho) Judge

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puspa

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Hruda @ Hrudananda Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hruda @ Hrudananda Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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