Jayaram Pujari vs State Of Orissa And Another
2025 Latest Caselaw 3070 Ori

Orissa High Court

Jayaram Pujari vs State Of Orissa And Another on 29 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                   CRLA No.1030 of 2024

   (In the matter of application under Section 14(A)(2) of
   SC & ST (POA) Act).

   Jayaram Pujari                     ...           Appellant
                           -versus-

   State of Orissa and another        ...        Respondents

   For Appellant            : Mr. A.K. Jena, Advocate

   For Respondents          : Mr. S.K. Rout, Addl. PP

       CORAM:
                   JUSTICE G. SATAPATHY

  F DATE OF HEARING & JUDGMENT:29.01.2025(ORAL)

G. Satapathy, J.

1. This criminal appeal is directed against the

impugned order dated 21.09.2024 passed by the learned

Additional Sessions Judge-Cum-Special Judge, Koraput in

TR No.77 of 2024 arising out of Koraput Town PS Case

No.195 of 2024 rejecting the bail application of the

appellant for commission of offences punishable

U/Ss.376(2)(n)/ 313/ 294/ 323/ 506/ 420/ 406 of IPC

r/w Section 3(1)(r)/ 3(1)(s)/ 3(2)(v)(va) of the SC & ST

(POA) Act, on the main allegation of committing rape

upon the victim by taking advantage of her caste.

2. Heard, Mr. Ashok Kumar Jena, learned

counsel for the appellant and Mr. S.K. Rout, learned

Additional Public Prosecutor and perused the record. None

appears for the informant despite valid service of the

notice.

3. It is, however, submitted by the learned

counsel for the appellant that since the appellant and the

victim are in relationship for a longer period, such

consensual relationship cannot mature into a case of

rape, but the victim by giving false FIR to the police has

roped the innocent appellant-petitioner in this case and

the appellant having already detained in custody for

sufficient time and charge-sheet having already

submitted in the meanwhile, the appellant may kindly be

admitted to bail. On the other hand, Mr. S.K. Rout by

placing the statement of the victim prays to reject the

bail application of the appellant.

4. After having considered the rival submissions

upon perusal of record, it appears that the appellant has

been implicated in this case for committing rape upon the

victim. This Court, however, has got the privilege to go

through the statement of the victim in which the victim

has clearly made allegation against the appellant for

committing rape upon her.

5. In view of the aforesaid fact and

circumstance and taking into account the nature and

gravity of offences as alleged against the appellant vis-à-

vis the accusations sought to be brought against him and

on going through the statement of the victim, this Court

is not inclined to grant bail to the appellant at this stage,

especially when the victim is yet to be examined in the

trial.

6. Hence, the criminal appeal being devoid of

merit stands dismissed, but in the circumstance, there is

no order as to costs.

(G. Satapathy) Judge

Location: High Court of Orissa Date: 30-Jan-2025 18:12:22 Orissa High Court, Cuttack, Dated the 29th day of January, 2025/Subhasmita