Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.469 of 2025
Nirmal Sahoo @ Sahu … Appellant
Mr. S.R. Acharya, Advocate -versus- State of Odisha and another … Respondents Mr. S.C. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
06.02.2026
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. 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 31.01.2025 passed in CT (Spl.) Case No.01 of 2025 (GR Case No.1478 of 2024) by which the learned Special Judge, Angul, has refused to release the appellant on bail in connection with Chhendipada PS Case No.567 of 2024, for commission of offence punishable U/Ss.126(2)/115(2)/118(1)/109 of BNS r/w Section 3(2)(v)/3(2)(va) of the Act, on the main allegation of attempting to the life of the injured Sarthak Majhi belonging to “SC” community with a bamboo stick causing injury to his head by taking advantage of his caste.
3. Heard, Mr. Satya Ranjan Acharya, learned counsel for the appellant and Mr. S.C. Pradhan, learned
Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim 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 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 27.12.2024 with submission of charge-sheet in the meantime and taking into account the other materials placed on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and trial being not yet been concluded, this Court without expressing any view on the merits, considers it proper to admit the appellant 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