Allowed

Raghunath Paik v. State of Odisha

Orissa HC11 Apr 2023CRLA/93/2023

Case brief

AI extract

What is this about?

The Special Judge allowed an appeal against the rejection of bail under Section 14-A of the Special Court Act, 2018, releasing the appellant on bail with conditions given the victim's statement and period of detention.

What did the court decide?

Appellant released on bail upon furnishing a bond of Rs.50,000 with two sureties for Rs.50,000 each, and undertaking not to contact the victim or tamper with evidence.

Raghunath Paik 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. 93 of 2023

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Raghunath Paik …. Appellant

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Mr.T.K. Mishra, Advocate

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-versus-

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State of Odisha …. Respondent Mr.Rajesh Tripathy, Addl. Standing Counsel

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
11.04.2023

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This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

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

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This is an appeal under section 14-A of Special Court Act, 2018 in connection with G.R. Case No.1344 of 2022 arising out of B.Singhpur P.S. Case No.174 of 2022 pending in the Court of learned Sessions Judge -cumSpecial Judge, Koraput at Jeypore for offences punishable under sections 376(1)/506/450 of the Indian Penal Code read with section 3(2)(va) of the S.C. & S.T. (PoA) Act.

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The appellant moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge,

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Koraput at Jeypore, which was rejected on 16.01.2023.

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As per the order dated 10.04.2023, learned counsel for the State has obtained instruction that charge sheet has been submitted against the appellant under sections 376(1)/506/450 of the Indian Penal Code and section 3(2)(v)(va) of the S.C. & S.T. (PoA) Act.

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Learned counsel for the appellant submits that the appellant as well as the victim are married persons and the first information report was lodged a month after the occurrence and the accusation against the appellant as narrated in the first information report is completely contrary which has been stated by the victim in her 161 as well as 164 Cr.P.C. statements and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayed for bail and placed the 164 Cr.P.C. statement of the victim.

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Considering the submissions made by the learned counsel for the respective parties, the 164 Cr.P.C. statement of the victim who is aged about 25 years and the period of detention of the appellant in judicial custody, 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 that the appellant

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shall not try to come in contact with the victim or tamper with the prosecution evidence, 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.

Sipun

( S.K. Sahoo)
Judge

Page 3 of 3

Raghunath Paik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raghunath Paik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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