Orissa High Court

CRLA/528/2026 of PANKAJ KUMAR DAS Vs STATE OF ODISHA on 9 September 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.528 of 2026 CNR No. ODHC010362102026 Pankaj Kumar Das … Appellant Mr. B.K. Das, Advocate -versus- State of Odisha and another … Respondents Mr. T.K. Acharya, Addl. PP Mr. S. Khan, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.528 of 2026

CNR No. ODHC010362102026

Pankaj Kumar Das

…

Appellant

Mr. B.K. Das, Advocate

-versus-

State of Odisha and another

…

Respondents

Mr. T.K. Acharya, Addl. PP

Mr. S. Khan, Advocate (Informant)

CORAM: JUSTICE G. SATAPATHY

Order No.

ORDER(ORAL):09.09.2026

03.

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1. This Criminal Appeal in the nature of bail U/S.14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the impugned order dated 27.04.2026 passed in Spl. GR Case No.16 of 2026 by which the learned 1st Additional Sessions Judge-Cum-Special Judge, Rourkela, has refused to grant bail to the appellant in connection with Biramitrapur PS Case No.127 of 2026, for commission of offence punishable U/Ss.417/376(2)(n) of IPC r/w Sections 3(1)(w)(i)/3(1)(w)(ii)/3(2)(va) of the Act, on the main allegation of committing rape upon the victim belonging to “ST” community by taking advantage of her caste.

2. Heard, Mr. Basanta Kumar Das, learned counsel for the appellant; Mr. T.K. Acharya, learned Additional Public Prosecutor and Mr. Salauddin Khan, 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 offence alleged against the appellant vis-a-vis the accusations sought to be brought against him and regard being had to the materials placed on record and taking into account the pre-trial detention of the appellant in custody since 30.03.2026 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and the inherent right of the accused-appellant to be presumed innocent until proven guilty at the trial 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 the merits, 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. 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 Subhasmita

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Sep-2026 19:36:55 Signature Not Verified

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