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2025 DAILYLAW 9575 (ORI)

JITU@JITENDRA KUMAR BEHERA v. STATE OF ODISHA

CRLA/58/2025 · 2025-07-21

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.58 of 2025 Jitu @ Jitendra Kumar Behera … Appellant Mr. B. Jalli, Advocate -versus- State of Orissa and another … Respondents Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 21.07.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. 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 26.12.2024 passed in CT Case No.77 of 2023 by which the learned Judge Special Court, Dhenkanal has refused to release the appellant on bail in connection with Town PS Case No.966 of 2023 for commission of offences punishable under Sections 341/294/323/307/302/449/506 of the IPC read with Sections 3(1)(r)(s)/3(2)(v) of the Act, on the allegation of committing murder of the deceased by assaulting him with a split wood, along with co-accused persons. 3. Heard, Mr. Bharat Jalli, learned counsel for the appellant and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated 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 03.01.2024 with submission of charge sheet in the meanwhile and grant of bail to co- accused Gagan Behera in CRLA No. 583 of 2024 and taking into account the nature and circumstance of allegation and the commission of crime and keeping in view the inherent right of the accused to be presumed innocent until proven guilty, 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