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2025 DAILYLAW 3606 (ORI)

RAJA GOUDA v. STATE OF ODISHA

CRLA/1419/2025 · 2026-03-18

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.1419 of 2025 Raja Gouda … Appellant Mr. S.K. Pattnaik, Advocate -versus- State of Odisha & Another … Respondents Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)18.03.2026 02. 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 24.11.2025 passed by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in G.R. Case No.62 of 2025 (SC & ST) arising out of Nuagaon P.S. Case No.345 of 2025 refusing to grant bail to the appellant for commission of offence punishable U/Ss. 126(2)/296/115(2)/117(2)/109/303(2)/351(2)/3(5) of BNS r/w. Sections 3(1)(r) (s)/3(2)(v)(va) of S.C. & S.T. (POA) Act, on the main allegation of assaulting the son of the informant by means of a wooden plank, along with co- accused persons causing serious injury to his head. 2. Heard, Mr. Sujit Kumar Pattnaik, learned counsel for the appellant and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record. None appears for the victim despite being duly informed as apprised by the learned Addl. PP. 3. Admittedly, the appellant is in custody since 09.10.2025, but in the meantime, charge sheet has already been submitted, however, co-accused Alok Pradhan, Raju p. 2 Badatya and Megha @ Subham Pradhan standing on similar footing have already been granted bail by the Court in seisin over the matter. In the aforesaid facts and circumstance and taking into consideration the nature and gravity of the offences as alleged against the appellant vis- à-vis the accusations sought to be brought against him and regard being had to the pretrial detention of the appellant in custody and co-accused having already been granted the benefit of bail and keeping in view the solitary injury sustained by the injured and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any opinion on merits, considers it proper to admit the appellant to bail. 4. Hence, the Criminal Appeal stands allowed and the impugned order is hereby set aside. Consequently, the appellant be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 5. Hence 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 Designation: Jr. Stenographer