Single judge granted bail to Chirag Ranjan Das in C.T. No.920 of 2021 under S.C. & S.T. (PoA) Act, 1989 and IPC. Court imposed strict conditions including fortnightly police appearances due to witness safety concerns despite co-accused bail.
Release on bail Rs.50,000 with sureties; fortnightly police appearance for six months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.182 of 2022
Chirag Ranjan Das …. Appellant
Mr.D.J. Sahoo, Advocate
-versus-
1. State of Odisha
Order No.
2. Rabindra Mohan Das
…. Respondents
Mr.Arupananda Das,
Addl. Government Advocate
Mr. M.Mohanty (for Respondent
no.2)
CORAM:
JUSTICE S.K. SAHOO
ORDER
29.08.2022
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 respondent no.2.
This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Case No.920 of 2021 arising out of Balasore Sadar P.S. Case No.354 of 2021 pending in the Court of learned Special Judge (SC & ST), Balasore for offences punishable under sections 302, 216, 201, 120-B/34 of the Indian Penal Code, sections 25/27 of the Arms Act read with section 3(2)(v)
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of the S.C. & S.T. (PoA) Act.
The appellant moved an application for bail before the Court of learned Presiding Officer, Special Court (SC & ST), Balasore which was rejected on 25.02.2022.
Learned counsel for the appellant submits that the appellant was taken into judicial custody on 25.02.2022 and charge sheet has been submitted under sections 302, 216, 201, 120-B/34 of the Indian Penal Code, sections 25/27 of the Arms Act read with section 3(2)(v) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that some of the co-accused persons, namely, Bottle @ G.Venkata Rao, Madan Patra, Jiten Murmu, Babua @ Raja @ Jugal Kishore Bharati, Munu @ Nikhil Behera, Ram @ Rambabu Dora, Chhoti @ Gelhi @ Indubala Sethi, Bapi @ Sujit Kumar Singh and Chitaranjan Das @ Ramesh have been granted bail by this Court in BLAPL No.10636 of 2021, BLAPL No.1327 of 2022, BLAPL No.10972 of 2021, BLAPL No.1115 of 2021, BLAPL No.843 of 2022, BLAPL No.10602 of 2021, CRLA No. 358 of 2022, CRLA No. 386 of 2022 and CRLA No. 390 of 2022 respectively. He files the bail order copies in respect of the said co-accused persons, which are taken on record.
Learned counsel for the State, who was handed over the copies of the bail orders of the co-accused persons and after verifying the case records, he fairly submitted that the appellant is similarly situated like the aforesaid co-accused persons, who have been enlarged
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on bail.
Learned counsel for the informant while not disputing the same submitted that after being released on bail, the co-accused persons are threatening the witnesses and therefore, some stringent conditions may be imposed on the appellant.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, release of the coaccused persons on bail 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 the conditions as the learned Court may deem just and proper with further conditions that
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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.
( S.K. Sahoo)
Judge
PKSahoo
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3 issues framed by the court
Whether the appellant entitled to release on bail considering nature of accusation and detention period
Whether bail conditions including fortnightly appearance to police station are appropriate
Whether co-accused granted bail indicates appellant similarly situated
3 provisions across 3 enactments
Chirag Ranjan Das
State of Odisha
Rabindra Mohan Das
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
