Orissa High Court
CRLA/438/2026 of THANU @ PRADEEP KUMBHAR Vs STATE OF ODISHA on 9 September 2026
438 of 2026 Page 1 of 3 THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.438 of 2026 CNR No. ODHC010338962026 (In the matter of application under Section 14- A of SC & ST (PoA) Act r/w. Sec.423 of BNSS). Thanu @ Pradeep Kumbhar … Appellant -versus- State of Odisha & Another …
THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.438 of 2026
CNR No. ODHC010338962026
(In the matter of application under Section 14-A of SC & ST
(PoA) Act r/w. Sec.423 of BNSS).
Thanu @ Pradeep Kumbhar
…
Appellant
-versus-
State of Odisha & Another
…
Respondents
For Appellant
:
Mr. S.R. Das, Advocate
For Opposite Party
:
Mr. T.K. Acharya, Addl. PP
Ms. B. Mishra, Advocate (R-2)
CORAM: JUSTICE G. SATAPATHY
DATE OF HEARING & DATE OF JUDGMENT: 09.09.2026 (ORAL)
G. Satapathy, J.
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1. This Criminal Appeal Under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) in nature of bail is directed against the impugned order dated 11.02.2026 passed by the learned Addl. District & Sessions Judge, Rourkela, Sundergarh in S.T.218/53 of 2024 arising out of Brahmanitarang P.S. Case No.191 of 2024 refusing to grant bail to the appellant for commission of offence punishable U/Ss. 103(1)/238(a) of BNS r/w. Sec.
3(1)(r)/ 3(2)(v)(vi) of the Act, on the main allegation of committing murder of the deceased Raj Kumar Lakra belonging to SC category by taking advantage of his caste.
2. Heard, Mr. Soumya Ranjan Das, learned counsel for the appellant, Mr. T.K. Acharya, learned Addl. Public and Ms. Bini Mishra, learned counsel for the informant in the matter and perused the record.
3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences 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 19.08.2024 with submission of charge sheet in the meantime and there being alleged fight between the deceased and the appellant, in which the appellant had also received laceration injury over occipital area of his head and keeping in view the other circumstances on record in entirety including the inherent right of the accused-appellant to be presumed innocent until proven guilty at the trial and the circumstance preceding to the transaction and lastly, no material being collected to suggest that the appellant would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit, considers it proper to admit the appellant to bail.
4. Hence, the CRLA stands allowed and the impugned order is, hereby, set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions except cash surety as deem fit and proper by the learned Court in seisin over the matter.
5. Accordingly, the Criminal Appeal stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge
Orissa High Court, Cuttack, Dated the 9th day of September, 2026/S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Sep-2026 19:44:58 Signature Not Verified