Nirakar Mohanty vs State Of Orissa & Anr.

G. Satapathy, J.

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 20.05.2026 passed in CT (SC/ST) Case No.15 of 2026 by which the learned Sessions Judge, Jagatsinghpur, has refused to grant bail to the appellant in connection with Balikuda PS Case No.55 of 2026 for commission of offences punishable U/Ss.103(1)/3(5) of BNS r/w Sections 3(1)(r)(s)/3(2)(v) of the Act, on the main allegation of assaulting the deceased Kalandi Bhoi to death, along with co-accused persons by taking advantage of his caste.

Heard Mr.Debasnan Das, learned counsel for the appellant, Mr. P.Satapathy, learned Additional Public Prosecutor and Mr. Harekrushna Malik, learned counsel for the informant and perused the record.

Mr. Harekrushna Malik, learned counsel for the informant specifically submits that not only the appellant has brought the deceased by smashing him on the ground, but also, he has assaulted him and, thereby, the appellant being prima facie implicated for offence of murder, he should not be granted bail.

After having considered the rival submissions upon perusal of record, no doubt there appears allegation against the appellant for assaulting the deceased, but the Post Mortem Report of the deceased reveals few patchy submucosal hemorrhage emitting alcoholic fruity odour and the death of the deceased was opined by the Doctor in the PM report to be due to hemorrhage and shock and its complication thereof, however, the routine viscera of the deceased has been preserved to rule out consumption of intoxicant by the deceased. It is further found from the record that the deceased was abusing the witness Bebina and others in the village prior to the occurrence. In the aforesaid facts and situation and taking into account 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 materials placed on record and the circumstance of transaction preceding the incident and lastly, taking into account the conduct of the appellant in taking the deceased to hospital for his treatment and submission of charge-sheet in the meantime and keeping in view the inherent right of the accused-appellant to be presumed innocent until proven guilty at the trial and the grant of bail to co-accused Raju @ Rajkishore Mohanty standing on similar footing in CRLA No. 500 of 2026, this Court without expressing any view on merits, considers it proper to admit the appellant to bail.

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.

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.