Khirod Parida vs State Of Odisha

S.K. Sahoo, J

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

Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the informant.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.174 of 2022 arising out of Bari Ramachandrapur P.S. Case No.329 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Jajpur for offences punishable under sections 302/201/34 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 Special Judge, Jajpur which was rejected on 18.05.2023.

Learned counsel for the appellant submitted that the appellant is in judicial custody since 07.11.2022 and he has been charge sheeted under sections 302/201/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act. It is further submitted that the deceased Manoj Gochhayat was found missing on 13.10.2022 and a missing report was lodged in the police station on 15.10.2022 and the F.I.R. was lodged on 02.11.2022 and there are no eye witnesses to the occurrence and the case is based on circumstantial evidence and there is no clinching circumstances available on record against the appellant and one of the co-accused Kuni @ Sabita Parida has been released on bail by this Court in CRLA No.388 of 2023 as per order dated 08.05.2023 and therefore, the bail application of the appellant may be favourably considered.

Learned counsel for the State while not disputing that the case is based on circumstantial evidence, submitted that at the instance of the appellant basing on his statement recorded under section 27 of the Evidence Act, the key of the motorcycle of the deceased Manoj Gochhayat was recovered.

Learned counsel for the informant also opposed the prayer for bail and placed the statement of R.I. Biswaranjan Hembram, who is a witness to the leading to discovery.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, absence of any direct evidence, nature of circumstantial evidence on record and taking into account the 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 condition that the appellant 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.

Issue urgent certified copy of this order on proper application.

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