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2025 DAILYLAW 10191 (ORI)

MANOJ KUMAR BARIK v. STATE OF ODISHA

CRLA/88/2025 · 2025-04-29

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.88 of 2025 Manoj Kumar Barik … Appellant Mr. G. Das, Advocate -versus- State of Odisha & Another … Respondents Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 29.04.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This being 3rd successive Criminal Appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016 (in short, “the Act”) by the appellant is directed against the impugned order dated 10.01.2025 passed by learned Addl. Sessions Judge, Bhubaneswar in T.R. Case No. 565 of 2023 arising out of Nayapalli P.S. Case No. 519 of 2023 refusing to grant bail to the appellant for commission of offences punishable U/Ss.376(2)(n)/294/506/354/34 of the IPC & Secs.3(1)(r)(s)/3(2)(v)/3(2)(va) of SC & ST (PoA) Act, on the main allegation of committing rape upon the victim and molesting her by taking advantage of her caste. The appellant was given liberty to renew his prayer for bail in appeal after examination of the victim and accordingly, the present appeal has been filed by the appellant after examination of the victim. 3. Heard Mr. Gorekhanath Das, learned counsel for the appellant and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite duly noticed as intimated by Mr. Mohanty. 4. After having considered the rival submissions and on going through the materials placed on record including the evidence of the victim which has been produced by the appellant and regard being had to the pre-trial detention of the appellant in custody since 12.02.2024 with progress of trial, this Court without expressing any view on merits considers it proper to grant bail to the appellant. Hence, the criminal appeal stands allowed and the impugned order dated 10.01.2025 passed by learned Addl. Sessions Judge, Bhubaneswar in T.R. Case No. 565 of 2023 is, hereby, set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions as deems fit and proper by the learned Court in seisin over the matter. 5. Accordingly, the CRLA stands disposed of. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer