Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1233 of 2025
Binod Ray … Appellant
Mr. M.K. Mallick, Advocate -versus-
State of Orissa and another … Respondents Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
05.02.2026
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This criminal appeal Under Section 14-A 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 17.10.2025 passed in Special GR Case No.22 of 2025 by which the learned Sessions Judge-cum-Judge(Special Court), Sambalpur has refused to release the appellant on bail in connection with Burla PS Case No.271 of 2025 for commission of offences punishable under Sections 103(1)/3(5) of BNS read with Section 3(2)(v) of the Act, on the main allegation of assaulting the deceased Balaram Bag by means of a bamboo stick, along with co- accused persons by taking advantage of his Caste.
3. Heard, Mr. Manoj Kumar Mallick,
learned counsel for the appellant and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused p. 2 the record, but none appears for the informant despite being duly intimated as apprised by learned Addl. PP.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the appellant vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the Appellant in custody since 01.07.2025 with submission of charge sheet in the meantime and taking into account the circumstance and manner in which the deceased was attacked and keeping in view the other circumstance on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and last but not the least, taking into account the cause of death of the deceased as opined by the Doctor in the PM Report, this Court considers it proper to admit the appellant to bail.
5. 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.
6. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge Priyajit