Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1296 of 2025
Kalia @ Suryakanta Bhutia … Appellant Mr. S.K. Dash, Advocate -versus- State of Odisha 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 in nature of bail U/S.14- A(2) 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 23.10.2025 passed in CT (Spl.) Case No.39 of 2025 by which the learned Judge, Special Court, Dhenkanal, has refused to release the appellant on bail in connection with Hindol PS Case No.187 of 2025 for commission of offences punishable U/Ss.126(2)/296/115(2)/117(1)/109(1)/351(2)/3(5) of BNS r/w Sections 3(1)(r)(s)/3(2)(v)(va) of the Act, on the main allegation of making murderous assault to the injured namely Sipun Behera by taking advantage of his caste.
3. Heard, Mr. Saroj Kumar Dash learned counsel for the appellant and Mr. C. Mohanty, learned
Additional Public Prosecutor in the matter and perused the record. None appears for the victim/injured despite being duly intimated as apprised by learned Addl. Public Prosecutor.
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 allegation sought to be brought against him and regard being had to the pre-trial detention of the appellant in custody since 22.09.2025 with submission of charge-sheet in the meantime and taking into account the grant of bail to co-accused Badal @ Bighneswar Sahu and Akash Behera in CRLA No.954 of 2025 and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admit the appellants to bail.
5. Hence, the CRLA stands allowed and the impugned
order is, hereby, quashed/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
Subhasmita
Designation: Sr. Stenographer