Disposed

Deepak Kumar Sahu @ Dipak Sahu v. State of Odisha

Orissa HC13 Feb 2024CRLA/55/2024

Case brief

AI extract

What is this about?

Appeal against bail rejection in a special case under the S.C. & S.T. (PoA) Act regarding sexual harassment and false marriage promise. The High Court directed the trial court to expedite framing of charges and examine the victim before reconsidering bail.

What did the court decide?

Directs the learned trial Court to expedite framing of charge and take steps for examination of the victim at the first instance; appellant at liberty to renew bail prayer after examination.

Deepak Kumar Sahu @ Dipak Sahu Vs State of… — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.55 of 2024

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Deepak Kumar Sahu @ Dipak Sahu

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…. Appellant

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Mr. B.B. Routray, Advocate

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-versus-

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State of Odisha & another …. Respondents

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Mr. Arupananda Das Addl. Govt. Advocate

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CORAM:

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JUSTICE S.K. SAHOO

Order No.

ORDER 13.02.2024

This matter is taken up through Hybrid

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arrangement (video conferencing/physical mode).

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The informant appears through Virtual High Court at Sundargarh (camera switched off).

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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(2) of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.136 of 2023 arising out of Sundargarh Town P.S. Case No.324 of 2023 pending in the Court of learned Sessions Judge -cum- Special Judge, Sundargarh for offences punishable under sections 376(2)(n)/506 of the Indian Penal Code read with sections

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

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The appellant moved an application for bail before

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// 2 //

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the Court of Sessions Judge -cum- Special Judge, Sundargarh, which was rejected on 16.01.2024.

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Learned counsel for the appellant submits that the appellant voluntarily surrendered before the learned trial Court on 16.01.2024 and the 164 Cr.P.C. statement of the informant would indicate that she was a consenting party and there was relationship between the appellant and the informant since long and therefore, the ingredients of the offences are not attracted. He further submits that the Investigating Officer wanted the victim to be medically examined, but she denied for such examination. He further submits that since the appellant and the informant are working in one department and there is no chance of absconding of the appellant, therefore, the bail application may be favourably considered.

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The victim who appears through video conferencing (camera switched off) submits that in spite of the appellant having knowledge that she is a member of the Scheduled Caste community, he kept physical relationship with her on false assurance of marriage, but later on resiled from his promise because she belonged to Scheduled Caste community. She further submits that she has socially ostracized due to such conduct on the part of the appellant and also asserted that there is a threat to her life and security if the appellant is granted bail at this juncture.

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Page 2 of 3

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Considering the submissions made by the learned counsel for the respective parties and the circumstances under which the offences are allegedly committed and the possibility of tampering with the evidence, at this stage, while not inclining to release the appellant on bail, I direct the learned trial Court to expedite the framing of charge and take steps for examination of the victim at the first instance. The appellant is at liberty to renew his prayer for bail after examination of the victim in the learned trial Court.

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The CRLA stands disposed of.

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The order be communicated to the learned trial Court forthwith. ( S.K. Sahoo) Judge

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PKSahoo

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Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Feb-2024 18:03:16

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Deepak Kumar Sahu @ Dipak Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Kumar Sahu @ Dipak Sahu 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

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