Orissa High Court
Unknown vs State Of Odisha And Another on 17 September, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Narayan Dakua @ Mitu
(In CRLA No.915 of 2025)
Omm Gouda @ Om Gouda
(In CRLA No.931 of 2025)
Ganapati Polei @ India and another
(In CRLA No.970 of 2025) ... Appellants
Mr. S.K. Dash, Advocate
(in CRLA No.915 of 2025)
Ms. D. Mahapatra, Advocate
(in CRLA No.931 of 2025)
Mr. S.S. Ray-2, Advocate
(in CRLA No.970 of 2025)
-versus-
State of Odisha and another ... Respondents
Mr. A. Pradhan, Addl. PP
Ms. J. Naik, Advocate (Informant)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 17.09.2025 02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these three CRLAs arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. These criminal appeals in nature of Section 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, "the Act") are directed against the impugned order dated 29.07.2025 passed in GR Case Page 1 of 3 No.15 of 2025 by which the learned Additional Sessions Judge-Cum-Special Judge (under SC & ST Act), Aska, Ganjam has refused to release the appellants on bail in connection with Dharakote PS Case No.240 of 2025, for commission of offence punishable U/Ss.126(2)/ 115(2)/ 296/ 303(2)/ 308(2)/ 356(2)/ 3(5) of BNS r/w Sections 3(1)(r)/3(1)(s)/3(2)(va) of the Act, on the main allegation of assaulting the informant and another by tonsuring half of the hair on the head of the informant and attempting to take away their life on the ground that the informant belongs to "SC" caste.
4. Heard, Mr. Soubhagya Kumar Dash, learned counsel for the appellant in CRLA No.915 of 2025; Ms. Deepali Mahapatra, learned counsel for the appellant in CRLA No.931 of 2025; Mr. Sidhartha Sankar Ray-2, learned counsel for the appellant in CRLA No.970 of 2025; Ms. Jayanti Naik, learned counsel for the informant and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record.
5. Bail to the appellants is mainly opposed to on the ground that the appellants have intentionally assaulted & humiliated the informant and another, and attempted to their life, but the FIR story reveals the allegation against the appellants for doing this act on suspecting the informant and another to be the illegal transporters/traders of the cattle. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of Page 2 of 3 the offence alleged against the appellants vis-a-vis the accusations sought to be brought against them and taking into account all the materials placed on record and regard being had to the pre trial detention of the appellants in custody since 24.06.2025 with submission of charge-sheet in the meantime and keeping in view the right of the accused to be presumed innocent until proven guilty at the trial and taking into account the progress in investigation in this case, this Court without expressing any view on the merits, considers it proper to admit each of the appellants to bail, notwithstanding to the serious objection as raised by the learned counsel for the informant.
6. Hence, the CRLA Nos.915, 931 & 970 of 2025 stand allowed and the impugned order is hereby quashed/set aside. Consequently, the appellants namely Narayan Dakua @ Mitu, Omm Gouda @ Om Gouda, Ganapati Polei @ India and Santosh Dakua @ Mitu be released on bail on such terms and conditions as deem fit and proper by the learned Court in seisin over the matter.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2025 10:57:08 Page 3 of 3