Allowed

Pitamber Nath@Gadhi v. State of Odisha

Orissa HC10 Apr 2023CRLA/144/2023

Case brief

AI extract

What is this about?

The High Court allowed an appeal against rejection of bail under the SC/ST (PoA) Act. Considering the victim's age and that the child born was stillborn, the court was inclined to release the appellant on bail with conditions.

What did the court decide?

Appellant released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties each for the same amount, subject to standard conditions of appearance and non-tampering.

Pitamber Nath@Gadhi Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.144 of 2023

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Pitamber Nath @ Gadhi

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Appellant

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Mr. S.N. Mishra, Advocate

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-versus-

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1. State of Odisha

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2. Kumari Sadhana Jena

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…. Respondents

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Mr. Rajesh Tripathy, Addl. Standing Counsel

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Order No.

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CORAM: JUSTICE S.K. SAHOO ORDER 10.04.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the appellant and learned counsel for the State.

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In spite of service of notice on the informant, none appears on her behalf.

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This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special (SC & ST) Case No.24 of 2021 arising out of Dhamanagar P.S. Case No.168 of 2018 pending in the Court of learned Sessions Judge -cum- Special Judge (SC & ST), Bhadrak for offences punishable under section 376(2)(n) of the Indian Penal Code read with section 3(2)(va) of the S.C. & S.T. (PoA) Act.

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// 2 //

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The appellant moved an application for bail before the Court of learned Special Judge, Bhadrak which was rejected on 23.12.2022.

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Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 25.11.2022 and charge sheet has been submitted under section 376(2)(n) of the Indian Penal Code read with section 3(2)(va) of the S.C. & S.T. (PoA) Act and after going through the statement of the victim, who is aged about twenty one years and the further submission made by the learned counsel for the State that the victim gave birth a stillborn child, I am inclined to release the appellant on bail.

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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 subject to conditions that the appellant shall appear before the learned trial Court on each date when the case would be posted for trial and he shall not try to tamper with the evidence or try to come in contact with the victim.

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Violation of any of the conditions shall entail cancellation of bail.

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Page 2 of 3

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// 3 //

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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.

( S.K. Sahoo)

Judge

RKM

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Pitamber Nath@Gadhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pitamber Nath@Gadhi 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

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