Allowed

Amar Pradhan v. State of Odisha

Orissa HC18 May 2023CRLA/374/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a criminal bail appeal under the S.C. & S.T. (PoA) Act. The single judge directed the release of the appellant after observing that the parties had amicably settled the matter and the victim filed an affidavit indicating withdrawal of proceedings.

What did the court decide?

Appellant released on bail upon furnishing a bond of Rs. 50,000 with two local solvent sureties and appearing before the trial court.

Amar Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.374 of 2023

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Amar Pradhan

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Appellant

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Mr.S.K. Pradhan, Advocate

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-versus-

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State of Odisha & another …. Respondents

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Mrs. Susamarani Sahoo

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Addl. Standing Counsel

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Order No.

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Mr.S.K. Rath, Advocate for
informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
18.05.2023
This matter is taken up through Hybrid

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arrangement (video conferencing/physical mode).

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Heard learned counsel for the appellant and learned counsel for the State as well as learned counsel for the informant.

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This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with T.R. Case No.413 of 2022 arising out of Airport P.S. Case No.302 of 2022 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar for offences punishable under sections 341/294/292/323/376(2)(n)/377/386

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// 2 //

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/506 of the Indian Penal Code read with sections 3(1)(r)/3(1)(s)/3(2)(va)(v) of the S.C. & S.T. Act and sections 66(E)/67/67(A) of the Information Technology Act.

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The appellant moved an application for bail before the Court of learned Addl. Sessions Judge, Bhubaneswar, which was rejected on 06.03.2023.

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Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 17.10.2022 and he has been charge sheeted under section 376(2)(n) of the Indian Penal Code read with sections 341/294/292/323/376 (2)(n)/377/386 /506 of the Indian Penal Code read with sections 3(1)(r)/3(1)(s)/3(2)(va)(v) of the S.C. & S.T. Act and sections 66(E)/67/67(A) of the Information Technology Act and in the meantime, matter has been amicably settled between the parties. The victim has filed an affidavit dated 24.04.2023 which is at flag-A in which she stated her age to be twenty one year and further stated that nude photographs of her intimacy with the appellant was made viral by her friends and at that time, due to misunderstanding and circumstantial pressure, she had lodged the F.I.R. and physical relationship between her and the appellant was made with her consent and under no point of time, the appellant

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insisted to keep physical relationship and under no point of time, the appellant assured to marry her. It is further submitted that in the affidavit, the victim stated that she did not want to proceed with the matter.

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Learned counsel for the State after obtaining instruction on the affidavit filed by the victim, placed written report dated 18.05.2023 received from the Inspector in-charge of Airport police station, Bhubaneswar U.P.S. wherein it is mentioned that the victim has filed the affidavit in her true sense and consent of mind and she has put her signature on the affidavit. The written instruction received by the learned counsel for the State is taken on record.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the lis pendens development, 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

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he shall not 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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Issue urgent certified copy of this order on proper application.

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( S.K. Sahoo)

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Sipun

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-May-2023 16:58:05

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Amar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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