Allowed

Jitendra Bindhani@ Hero v. State of Odisha

Orissa HC21 Nov 2024CRLA/28/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against the rejection of bail. Setting aside the lower court's order, the court granted bail to the appellant facing trial for rape under the SC/ST Act and IPC, imposing strict conditions due to a three-year delay in the trial proceedings.

What did the court decide?

The lower court's order rejecting bail was set aside. Bail was granted on a bond of Rs. 50,000 with two sureties and strict conditions.

Jitendra Bindhani@ Hero Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.28 of 2024

¶2

Jitendra Bindhani @ Hero

¶3

..... Appellant

¶4

Represented By Adv. - Mahes Das

¶5

-versus-

¶6

1) State Of Odisha ..... Respondents

¶7

1. Bhusan Uthansingh Represented By Adv. –

¶8

1. Safira Uthansingh Mr. P. Satapathy, ASC

¶9

CORAM:

¶10

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

21.11.2024

Order No.

1. This matter is taken up through hybrid mode.

¶15

This is an appeal under Section 14-A of SC & ST (PA)

¶16

Act, 1989, which has been preferred by the appellant against an order of rejection of his bail passed on dated 02.01.2024 by the learned Special Judge-Cum-Addl. Dist. & Sessions Judge, Balliguda, in C.T. Case No.63 of 2021.

¶17

In spite of sufficiency of service of notices on the informant and the victim, none of them has appeared to participate in the hearing of the Criminal Appeal.

¶18

Hence, heard the Criminal Appeal from the learned counsel for the appellant and the learned ASC for the State.

¶19

The appellant is facing trial in the Court of learned Special Judge-cum-Addl. District & Sessions Judge, Balliguda, DistrictKandhamal in C.T. Case No.63 of 2021 having been charged under Sections 376(2)(n)/376(l)/506 of IPC read with Section 3(l)(w)(i)/

¶20

Page 1 of 3.

¶21

3(2)(v) and 3(2)(va) of the SC/ST (POA) Act on the allegations of commission of rape on the victim repeatedly.

¶22

The learned counsel for the appellant submitted for liberal consideration of his bail contending that, the appellant is in custody since 20.10.2021 and in the meantime, more than 3 years have already been passed, to which, the learned ASC for the State objected contending that, as the appellant being a man of general caste community and he has committed rape on the victim, who is belong to Schedule Caste Community, for which, in these nature of allegations, he (appellant) should not be allowed to go on bail, as the case against him is at the midst of the trial and 6 other witnesses are yet to be examined during trial.

¶23

It is forthcoming from the report submitted by the learned trial Court that, the trial of the case against the appellant was commenced in the year 2021 and till yet i.e. till the month of November, 2024 only 7 witnesses have been examined including the informant and the victim and the rest 6 witness including the Doctor and two I.Os. are to be examined.

¶24

When, the appellant is in custody since 20.10.2021 for more than 3 years and when during the continuation of the trial since last 3 years only 7 witnesses have been examined and when the rest 6 witnesses including official witnesses are to be examined, then, at this juncture, by taking the period of detention of the appellant and delay trial of the case into account, it is felt proper to allow the appellant to go on bail with stringent conditions.

¶25

Hence, the CRLA filed by the appellant is allowed.

¶26

The order dated 02.01.2024 passed by the learned Special Judge-cum-Addl. District & Sessions Judge, Balliguda in C.T. Case No.63 of 2021 is set aside.

¶27

He (appellant) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with conditions that:-

¶28

(i) he (appellant) shall not involve with similar nature of crime in future.

¶29

(ii) he (appellant) shall appear before the trial court personally on each date of adjournment of the case without fail till the conclusion of trial.

¶30

(iii) he (appellant) shall not terrorize, coerce, influence or threat to the informant and the victim and their family members and the witnesses either directly or indirectly in any manner whatsoever at any stage of the trial of the case but, in case of his failure to comply any one of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission from this Court for the same.

¶31

Grant urgent certified copy of this order to the appellant on proper application.

¶32

Accordingly, the CRLA filed by the appellant is disposed of finally.

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cutt ack, India. Date: 22-Nov-2024 10:58:25 Rati Ranjan

¶35

( ANANDA CHANDRA BEHERA) Judge

¶36

Page 3 of 3.

Jitendra Bindhani@ Hero v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitendra Bindhani@ Hero 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

Case details

Similar cases

Binod Samal @ Aju Vs State of Odisha

Jahan Beshra Vs State of Odisha

Krushan Chandra Naik Vs State of Odisha

Khetrabasi Jena Vs State of Odisha

G.Lacheya Vs State of Odisha

Amit Kumar Bhoi Vs State of Odisha