Ghasiram Sahu & Ors. vs State Of Orissa & Anr.

G. Satapathy, J.

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 05.02.2026 passed in Special GR Case No.02 of 2026 by which the learned Additional Sessions Judge-Cum-Special Judge, Sonepur, has refused to grant bail to the appellants in connection with Dunguripali PS Case No.20 of 2026, for commission of offences U/Ss.296/ 115(2)/ 351(2)/ 109/118(2)/74/3(5) of the BNS r/w. Section 3(1)(r)/ 3(1)(s)/3(2)(v) of the Act, on the main allegation of attempting to the life of the injured Swantantra Bahuk, Sujata Bahuk, Bidesh Bahuk and Barsarani Pande @ Bahuk belonging to SC category by attacking them with deadly weapons, along with co-accused persons by taking advantage of their caste.

Heard, Mr. Mahadev Sahu, learned counsel appearing virtually for the appellants and Mr. C.Mohanty, 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.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences alleged against the appellants vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the appellants in custody since 07.01.2026 with submission of charge sheet in the meantime and keeping in view the other circumstance on record in entirety including the inherent right of the accused-appellants to be presumed innocent until proven guilty at the trial and the nature & number of injuries sustained by the injured and lastly, no material being placed on record to suggest that the appellants would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on the merits, considers it proper to admit the appellants to bail.

Hence, the CRLA stands allowed and the impugned order is, hereby, set aside. Consequently, the appellants are directed to be released on bail on such terms and conditions except cash surety as deem fit and proper by the learned Court in seisin over the matter with following conditions:-

Issue urgent certified copy of the order as per Rules. 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.