(An Appeal U/S.14(A) Of The Sc & St Act) vs State Of Orissa & Another
2025 Latest Caselaw 4288 Ori

Orissa High Court

(An Appeal U/S.14(A) Of The Sc & St Act) vs State Of Orissa & Another on 20 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                     CRLA No.83 of 2025

              (An appeal U/S.14(A) of the SC & ST Act).
   Amar Kumar Paul                         ...                Appellant
                                -versus-

   State of Orissa & another               ...         Respondents

   For Appellant                 : Ms. A. Ray, Advocate

   For Respondents               : Mr. R.B.Mishra, Addl. PP
       CORAM:
                   JUSTICE G. SATAPATHY

  F DATE OF HEARING & JUDGMENT:20.02.2025(ORAL)

G. Satapathy, J.

1. This criminal appeal in nature of Section 14-A of

the Scheduled Caste and Scheduled Tribe (Prevention

of Atrocities) Act, 1989 together with Amendment Act,

2016 (in short "the Act") is directed against the

impugned order dated 02.01.2025 passed by Special

Judge, Jharsuguda in C.T. (Special) Case No.46 of 2024

arising out of Orient P.S. Case No.222 dated

06.12.2024 for commission of offences punishable

U/Ss. 64, 296, 115(2), and 3(5) of B.N.S. Act of 1981

of J.J. Act and Sections 3(1)(r), 3(1)(s), 3(2)(v) and

3(2)(va) of the Act on the main allegation of

committing rape upon the victim by deceitfully

obtaining her consent by way of administering

intoxicant.

By the aforesaid order, the learned Special

Judge, Jharsuguda has rejected the prayer for bail of

the Appellant.

2. Heard, Ms. A. Ray, learned counsel for the

Appellant and Mr. R.B. Mishra, learned Addl. Public

Prosecutor in the matter and perused the record. In

course of hearing, Ms. A. Ray, learned counsel for the

Appellant by taking this Court through the statement of

victim submits that the story put-forth by the victim is

an afterthought one and at best a case of consensual

relationship, but the victim being a major lady, no

offence can be attributed against the Appellant for

consensual relationship.

3. After having considered the rival

submissions and taking into consideration the nature

and gravity of the offence as alleged against the

Appellant vis-à-vis the accusations sought to be

brought against him and regard being had to the pre-

trial detention of the Appellant in custody since

08.12.2024 with submission of charge sheet in the

meanwhile and the alleged incident having occurred in

the year 2023, but F.I.R. being registered after one

year and three months of the occurrence and last but

not the least, on going through the statement of the

victim as also following the well-recognized principle of

"bail is the rule, but jail is the exception", this Court

without expressing any view on merits, admits the

Appellant to bail.

4. Hence, the CRLA stands allowed and the

impugned order dated 02.01.2025 passed by Special

Judge, Jharsuguda in C.T. (Special) Case No.46 of 2024

arising out of Orient P.S. Case No.222 dated

06.12.2024 is hereby set aside. Consequently, the

Appellant is allowed to go on bail on such terms and

conditions as deem fit and proper by the Court in seisin

of the case.

(G. Satapathy) Judge

Orissa High Court, Cuttack, Dated the 20th day of February, 2025/Jina

Location: High Court of Orissa Date: 21-Feb-2025 19:38:23