Orissa High Court
CRLA/658/2026 of ASHISH KUMAR MANDAL @ ASHIS KUMAR MANDAL Vs STATE OF ODISHA on 9 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.658 of 2026 CNR No. ODHC010541782026 Ashish Kumar Mandal @ Ashis Kumar Mandal … Appellant Mr. P.S. Das, Advocate -versus- State of Odisha and another … Respondents Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.658 of 2026
CNR No. ODHC010541782026
Ashish Kumar Mandal @ Ashis
Kumar Mandal
…
Appellant
Mr. P.S. Das, Advocate
-versus-
State of Odisha and another
…
Respondents
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):09.09.2026
02.
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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 10.07.2026 passed in Special Case No.25 of 2026 by which the learned Sessions Judge-cum-Special Judge, Keonjhar has refused to grant bail to the appellant in connection with Turmunga PS Case No.113 of 2026 for commission of offence punishable U/Ss.69/88/ 115(2)/ 296/351(3) of the BNS r/w sections-3(2)(v)/3(2) (va) of the Act, on the main allegation of cohabiting with the victim belonging to “SC” category on the false assurance of marriage by taking advantage of her Caste.
2. Heard, Mr. Partha Sarathi Das, learned counsel for the appellant; Mr. T.K. Acharya, learned Additional Public Prosecutor and Mr. Suresh Kumar Jena, learned counsel who enters appearance for the Informant-victim in the Court today by filing Vakalatnama, which is taken on record. This Court has perused the record including the certified copy of FIR, charge sheet and statement of the victim which has been filed by the Petitioner at the time of hearing of the appeal. Mr. Jena, however, submits that the victim has got no objection for the release of the petitioner on bail.
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 accusation sought to be brought against him and regard being had to the pre trial detention of the appellant in custody since 05.05.2026 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 materials being placed on record to suggest that the appellant would either abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit admits 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. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court.
(G. Satapathy)
Judge
Priyajit
Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Sep-2026 19:41:38 Signature Not Verified