The High Court of Orissa allowed an appeal against rejection of bail. The court dismissed the objections and ordered the release of the appellant on bail upon furnishing a bond with sureties.
Release of appellant on bail upon furnishing a bond of Rs.50,000 with two local solvent sureties each for the like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.541 of 2022
Vishal Kar @ Bishal
Appellant
Mr. S.S. Ray(2), Advocate
-versus-
1. State of Odisha
2. Basanti Lakra
…. Respondents
Mr. Debasis Biswal,
Order No.
Addl. Standing Counsel
Mr. S. Mallik, Advocate for
respondent no.2
CORAM:
JUSTICE S.K. SAHOO
ORDER
08.08.2022
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Learned counsel for the State submitted that the notice on the respondent no.2, the informant in the case, has already been served.
None appears on behalf of the respondent no.2.
Heard learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.69 of 2022 arising out of Talsara P.S. Case No.69 of 2022 pending in the Court of learned Sessions Judge, Sundargarh for offences punishable under sections
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448/332/294/506/34 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act.
The appellant moved an application for bail before the Court of learned Sessions Judge, Sundargarh which was rejected on 17.06.2022.
Learned counsel for the appellant submitted that as per the order passed by this Court in ABLAPL No.4456 of 2022, the appellant surrendered in the Court below on 13.06.2022 and he was taken into judicial custody. He further submitted that investigation of the case has made substantial progress and there is no chance of absconding
or tampering with the evidence and therefore, the bail application of the appellant may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, the progress of investigation and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.
Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall
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appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.
The CRLA is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
RKM
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1 issue framed by the court
Whether the appellant should be granted bail on surrender in connection with offences under relevant sections of IPC and SC/ST (PoA) Act.
3 provisions across 2 enactments
Vishal Kar @ Bishal
State of Odisha
Basanti Lakra
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
