Bhikari Das vs State Of Odisha And Another

B. P. Routray, J

Heard Mr. S.R. Mulia, learned counsel for the Appellant, Miss S. Mishra, learned A.S.C. for the State-Respondent and Mr. P.K. Nayak, learned counsel for the informant.

This is an appeal under Sec.14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the offences alleged are under Secs.302/201/34, I.P.C. and Sec.3(1)(r)(s)/ 3(2)(v)(va) of the S.C. & S.T. (POA) Act.

It is submitted that the Appellant is inside custody since 9.12.2020 and in the meantime investigation has been completed. It is further submitted that the statements of the so-called eye-witnesses are not trustworthy. Moreover, in respect of the present Appellant, the allegations are only to the effect that he dealt kick blows.

On the other hand, learned counsel appearing for the informant opposes the prayer for bail of the Appellant by submitting that due to previous enmity the occurrence took place where the present Appellant along with his son assaulted the deceased resulting his death.

After hearing learned A.S.C. for the State-Respondent as well as learned counsel for the informant and considering the circumstances of the case including the limited role alleged against the present Appellant, it is directed to release the Appellant on bail in connection with Jenapur P.S. Case No.407/2020 corresponding to C.T. (Special) Case No.121/2020 on such terms and conditions to be fixed by the learned Sessions Judge, Jajpur as he deems just and proper including the condition that the Appellant shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence and shall attend the trial court on each date fixed.

The CRLA is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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