Kalia Sahu vs Narayan Lenka And Others

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State submitted that the notice on the respondent no.2/informant has been made sufficient since 14.06.2022

None appears for the respondent no.2/informant. Heard learned counsel for the appellant and learned counsel for the State.

This is an appeal under section 14(A) of S.C. & S.T. (PoA) Act in connection with G.R. No.11/2021-SC & ST (PoA) Act arising out of Berhampur Sadar P.S. Case No.57 of 2021 pending in the Court of learned 1st Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam for offences punishable under sections 307/302/341/427/294/356/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned 1st Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam which was rejected on 09.05.2022.

Learned counsel for the appellant submitted that the appellant is in judicial custody since 27.03.2021 and he has been charge sheeted for the offence under sections 307/302/341/427/294/356/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that the deceased is one Kora Sethy and the injured is Prasanta Sethy, who is the son of the deceased and trial has commenced in the meantime and the injured Prasanta Sethy being examined as P.W.2 has stated that the appellant assaulted him by means of an iron rod on his left hand and the injury report indicates that the injuries are simple in nature and so far as the assault on the deceased Kora Sethy is concerned, P.W.2 has stated in an omnibus manner that the accused persons assaulted the deceased by different weapons. Learned counsel further submitted that two of the co-accused persons who approached this Court for bail, namely, Ajit Kumar Lenka @ Papu Lenka and Rabi Narayan Sahu @ Leth Rabi have been released on bail by this Court in CRLA No.595 of 2021 as per order dated 08.03.2022 and CRLA No.626 of 2021 as per order dated 05.04.2022 respectively and since the appellant stands in the similar footing, the bail application may be favourably considered.

Learned counsel for the State, on the other hand opposed the prayer for bail and placed the evidence of P.W.2 so also the post mortem report as well as the injury report of P.W.2, however, does not dispute that as per the statement of P.W.2, the appellant is similarly situated like the co-accused persons who have been enlarged on bail by this Court.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, release of the co-accused persons on bail and period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities, shall not try to tamper with the prosecution evidence and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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