Allowed

Tulu Mistri@Durga Prasad Das v. State of Odisha

Orissa HC5 Apr 2023CRLA/238/2023

Case brief

AI extract

What is this about?

Supreme Court of Orissa issued a single-judge order allowing bail for an appellant in a C.T. Case arising from an alleged offence under sections 342/294/323/376/506 IPC read with sections 3(1)(r)/3(2)(v) of the SC/ST (PoA) Act.

What did the court decide?

Appellant released on bail on furnishing a bond of Rs.50,000/- with two local solvent sureties for alike amount with conditions to avoid contact with victims and witnesses.

Tulu Mistri@Durga Prasad Das 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. 238 of 2023

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Tulu Mistri @ Durga …. Prasad Das

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Appellant

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Mr.S.R. Mulia, Advocate

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-versus-

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State of Odisha & another

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…. Respondents

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Mrs. Susamarani Sahoo, Addl. Standing Counsel

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Order No.

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CORAM: JUSTICE S.K. SAHOO ORDER 05.04.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Learned counsel for the State submitted that notice on the informant has been made sufficient.

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None appears for the informant.

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Heard learned counsel for the appellant and learned counsel for the State.

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This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Case No.42 of 2023 arising out of Jagatpur P.S. Case No.75 of 2023 pending in the Court of learned Presiding Officer, Special Court under S.C. & S.T. (PoA) Act, Cuttack for offences punishable under sections 342/294/323/376/506 of the Indian Penal Code read

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with sections 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act.

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The appellant moved an application for bail before the Court of learned Presiding Officer, Special Court under S.C. & S.T. (PoA) Act, Cuttack which was rejected on 24.02.2023.

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Considering the submissions made by the learned counsel for the appellant that the appellant is in judicial custody since 16.02.2023 and he has been charge sheeted under sections 342/294/323/376/506 of the Indian Penal Code read with sections 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act and after going through the 164 Cr.P.C. statement of victim, who is a married lady aged about forty years having a child and further submission of the learned counsel for the state that the appellant is having no criminal antecedent, 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 with further conditions that he shall not try to come in contact either with the victim or any of the prosecution witnesses, shall not

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indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail 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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PKSahoo

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( S.K. Sahoo)
Judge

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Tulu Mistri@Durga Prasad Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tulu Mistri@Durga Prasad Das 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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