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Bijay Kumar Biswal v. State of Odisha

Orissa HC9 Apr 2024CRLA/63/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; Justice S.K. Sahoo; CRLA No.63 of 2024; bail appeal under section 14-A of the S.C. & S.T. (PoA) Act; offences under sections 417/376(2)(n)/506 IPC and sections 3(1)(s)/3(2)(v) S.C. & S.T. (PoA) Act; Special Case No.36 of 2023; Rugudi P.S. Case No.75 of 2023; Special Court Champua bail rejection dated 20.01.2024 reversed; bail granted with bond Rs.50,000/- and two sureties.

What did the court decide?

Release of appellant on bail in Special Case No.36 of 2023 upon furnishing a bail bond of Rs.50,000/- with two local solvent sureties each of like amount, subject to conditions (appearance on every trial date, no criminal activity, no tampering with evidence, no contact with the victim); violation of conditions to entail cancellation of bail. ¶28

Bijay Kumar Biswal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, in judicial custody since 20.01.2024 and chargesheeted under sections 417/376(2)(n)/506 IPC read with sections 3(1)(s)/3(2)(v) of the S.C. & S.T. (PoA) Act, should be released on bail despite rejection of his bail application by the Special Court, Champua.

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Court's answer

Having considered that the appellant has been in judicial custody since 20.01.2024, has been chargesheeted under sections 417/376(2)(n)/506 IPC and sections 3(1)(s)/3(2)(v) S.C. & S.T. (PoA) Act, and having gone through the statement of the victim (aged about 33 years) describing a love affair and physical relationship on the assurance of marriage, and after hearing counsel for the informant, the Court decided to release the appellant on bail.

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Ratio / Principle

Bail granted on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with further conditions that the appellant shall not indulge in criminal activities, shall appear before the trial Court on each trial date, shall not tamper with evidence and shall not come in contact with the victim; violation entails cancellation of bail.

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Detailed headnote1 paragraphs

Criminal appeal (CRLA No.63 of 2024) under section 14-A of the S.C. & S.T. (PoA) Act before the High Court of Orissa at Cuttack: appellant, chargesheeted under sections 417/376(2)(n)/506 IPC read with sections 3(1)(s)/3(2)(v) of the S.C. & S.T. (PoA) Act in Special Case No.36 of 2023 (arising out of Rugudi P.S. Case No.75 of 2023) whose bail had been rejected by the Special Court, Champua on 20.01.2024, is released on bail on a bond of Rs.50,000/- with two local solvent sureties of like amount, subject to conditions including appearance on every trial date, abstention from criminal activity, non-tampering with evidence and no contact with the victim; breach entails cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.63 of 2024

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Bijay Kumar Biswal

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.....

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Appellant/ Petitioner

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Represented By Adv. – Mr. S. K. Dwibedi

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-versus-

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State Of Odisha & another

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.....

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Respondents/ Opp. Parties

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Represented By Adv. – Mr. Arupananda Das Addl. Government Advocate

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Mr. R. K. Sutar, Adv.

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For the respondent no.2

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CORAM:

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THE HON’BLE MR. JUSTICE S.K.SAHOO

ORDER

Order No.

09.04.2024

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

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Heard learned counsel for the parties.

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Learned counsel for the appellant has filed a copy of the chargehseet along with a memo, which is taken on record.

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This is an appeal under section 14-A of S.C. & S.T. Act in connection with Special Case No.36 of 2023 arising out of Rugudi P.S. Case No.75 of 2023 pending in the Court of learned Presiding Officer, Special Court, S.C./S.T. (PoA) Act, Champua for offences punishable under sections 417/ 376(2)(n)/ 506 of the Indian Penal Code read with sections

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3(1)(s)/ 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, S.C./S.T. (PoA) Act, Champua, which was rejected on 20.01.2024.

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Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 20.01.2024 and he has been chargesheeted under sections under sections 417/ 376(2)(n)/ 506 of the Indian Penal Code read with sections 3(1)(s)/ 3(2)(v) of the S.C. & S.T. (PoA) Act and after going through the statement of the victim, who is aged about 33 years and stated about the love affair with the appellant and keeping physical relationship with her on the assurance of marriage being given and then staying together in a rented house and also then keeping physical relationship like husband and wife and after hearing learned counsel for the informant, 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 indulge in any criminal activities, shall appear before the learned trial Court on each date to which the case would be posted for trial, shall not try to tamper with the evidence and shall not come in contact with the victim.

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Violation of any of the conditions shall entail

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cancellation of bail.

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Issue urgent certified copy.

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( S.K. Sahoo)

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Judge

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