Orissa High Court
CRLA/579/2026 of PRAKASH CHANDRA MAHARANA@PRAKASH CHANDRA MOHARANA Vs STATE OF ODISHA on 3 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.579 of 2026 CNR No. ODHC010500452026 Prakash Chandra Maharana @ Prakash Chandra Moharana … Appellant Ms. A . Hota, Advocate -versus- State of Odisha and another … Respondents Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.579 of 2026
CNR No. ODHC010500452026
Prakash Chandra Maharana @
Prakash Chandra Moharana
…
Appellant
Ms. A. Hota, Advocate
-versus-
State of Odisha and another
…
Respondents
Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):03.09.2026
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 18.06.2026 passed in CT Case No.140 of 2026 by which the learned Addl. Sessions Judge-cum-Special Judge, Baliguda, Kandhamal, has refused to grant bail to the appellant in connection with Tikabali PS Case No.116 of 2026 for commission of offence punishable U/Ss. 69/318(4)/296/115(2)/351(3)/3(5) of the BNS r/w sections-3(1)(r)(s)/3(2)(v)(va) of the Act, on the main allegation of cohabiting with the victim belonging to “SC” community by taking advantage of her Caste.
2. Heard, Mrs. Aditi Hota, learned counsel for the appellant and Mr.M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. None appears for victim despite being duly intimated as apprised by learned Addl. PP.
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 23.05.2026 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, 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 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, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge
Priyajit
Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Sep-2026 19:44:51 Signature Not Verified