CRLA/368/2026 of AJU MOHANTA Vs STATE OF ORISSA on 9 September 2026

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 02.04.2026 passed by the learned Special Judge, Baripada in C.T. Case No.03 of 2026 arising out of Betnoty P.S. Case No. 16 of 2026 refusing to grant bail to the appellants for commission of offence punishable U/Ss. 126(2)/ 296/ 115(2)/ 109/ 351(3)/3(5) of BNS r/w. Secs. 3(1)(r)(s)/3(2)(v)(va) of the Act, on the main allegation of attempting to the life of the injured Lasa Hembram belonging to ST category by assaulting him with a split wood, along with co-accused persons in furtherance of their common intention by taking advantage of his caste.

2. Heard, Mr. Arun Kumar Behera, learned counsel appearing virtually for the appellants and Mr. T.K. Acharya, learned Addl. Public Prosecutor 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 appellants vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the appellants in custody since 13.01.2026 & 18.01.2026 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the written instruction received from the IIC, Betnoty P.S. revealing about the present health condition of the injured to be walkable and keeping in view the inherent right of the accused-appellants to be presumed innocent until proven guilty at the trial and trial being not likely to commence in near future and lastly, no material being collected to suggest that the appellants 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 each of the appellants to bail.

4. Hence, the CRLA stands allowed and the impugned order is, hereby, set aside. Consequently, the appellants are 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 with following condition:-

(i) the appellants shall not contact the injured- victim and his family members in any way or in any manner.

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 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