IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.853 of 2024
.....
Jitu @ Ayushman Pradhan & Appellant(s)
Others
Represented By
Mr.U.C.Mishra,Advocate
-versus-
.....
State of Orissa Respondent(s)
Represented By
Mr.S.Pattnaik,AGA
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
Order No. 30.10.2024
04. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This is a criminal appeal under Section 14-A of the SC & ST
(Prevention of Atrocities) Act, 1989, which has been filed by the
appellants challenging an order of rejection of their bail passed on dated
29.07.2024 in C.T. case No.148 of 2024 arising out Tikabali P.S. case
No.117/2024 by the learned Addl. District & Sessions Judge-cum-Special
Judge, Baliguda.
3. Heard from the learned counsel for the appellants and learned
Additional Government Advocate for State, as, none has appeared from
the side of the informant in spite of service of notice.
4. The appellants are in custody having been implicated with the
offences 126(2)/115(2)/132/109/296/351(2)/3(5) of the BNS, 2023 read
with Sections 3(2)(v)(v-a), 3(1)(r), 3(1)(s) of SC & ST (Prevention of
Atrocities) Act, 1989 on the allegations alleged against them (appellants)
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that, while on dated 14.07.2024 at about 7 P.M., the informant (S.I. of
police) of Tikabali Police Station had moved to the village of the
appellants for an investigation of an another case, at that time, the
appellants attack and assaulted the informant (Police Officer) pulling his
shirt color and kicked him and also abused in obscene languages touching
his caste, as, he (informant /Police Officer) belongs to ST community and
the appellants belong to general caste community, for which, the
informant (Police Officer) lodged FIR against the appellants and basing
upon such FIR, case was registered and investigation was started and
during the investigation, the appellants were arrested and forwarded to
the Court on 14.07.2024 i.e. on the same day of lodging of the FIR and
since then, they (appellants) are in custody.
5. The learned counsel for the appellants submitted for liberal
consideration of bail of the appellants contending that, the investigation
of the case has already been completed and charge sheet has already been
submitted against the appellants under the above sections and that apart,
the wife of the appellant No.2 is in the advance stage of her pregnancy
and there is no other member in his family to look after his ailing wife.
6. The learned Additional Government Advocate for the state
vehemently opposed the bail of the appellants contending that, they
(appellants) by forming a group assaulted the public servant i.e.
informant, who is S.I. of Police during the course of discharging his
public duties, for which, they (appellants) should not be allowed to go on
bail for such nature of allegation. Therefore, their prayer for bail cannot
be allowed.
7. The injuries on the injured informant (Police Officer) are not
grievous, but, simple in nature.
8. The presence of the appellants before the investigating officer
during investigation is no more required, because, in the meantime, the
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investigation of the case has already been completed due to submission of
the charge sheet. The appellants are local persons having their permanent
house and homested under the jurisdiction of Tikabali Police Station.
9. As, the investigation of the case has already been completed and
injuries on the informant are simple in nature and the presence of the
appellants during trial of the case is not unsecured, for which, by taking
the above factors into account, it is felt proper to allow the appellants to
go on bail.
10. Hence, the bail preferred by the appellants is allowed. The
rejection order of their bail passed on dated 29.07.2024 by the learned
Addl. District & Sessions Judge-cum-Special Judge, Baliguda in C.T.
case No.148 of 2024 is set aside.
11. They (appellants) are allowed to go on bail on furnishing bail
bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties
each for the like amount to the satisfaction of the learned Addl. District
& Sessions Judge-cum-Special Judge, Baliguda with conditions that :-
(i) They (appellants) shall not involve with similar
nature of crime in future.
(ii) They (appellants) shall appear before the court
personally on each date of adjournment of the case.
(iii) They (appellants) shall not terrorize, coerce,
influence or threat to the informant/victim or his family
members and witnesses either directly or indirectly in any
manner whatsoever at any stage of the trial of the case,,
but, in case of their failure to comply any of the aforesaid
conditions, the learned trial court is authorized to cancel
their respective bail orders outrightly without seeking any
permission from this Court for the same.
12. Accordingly, the bail application of the appellants is disposed of
finally.
13. Grant certified copy of this order to the appellants during the
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course of day on proper application, as, the wife of the appellant No.2
is in advance stage of her pregnancy.
( A.C. Behera )
Judge
Binayak
Signature Not Verified
Digitally Signed
Signed by: BINAYAK SAHOO
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-Oct-2024 16:27:36
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