Partly allowed

Amar@Bhismadev Seth v. State of Odisha

Orissa HC3 Jul 2023CRLA/311/2023

Case brief

AI extract

What is this about?

The High Court adjudicated two concurrent bail appeals arising from a Scheduled Castes and Scheduled Tribes atrocity case. Bail was denied to one appellant due to specific allegations of assault, while it was granted to the other appellant on furnishing Rs. 50,000 bail bond in the absence of specific overt acts against him.

What did the court decide?

Prayer for bail allowed for Amar@Bhismadev Seth on furnishing a bail bond of Rs.50,000 with two sureties; prayer for bail rejected for Samir Bhue @ Sameer.

Amar@Bhismadev Seth Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.311 of 2023

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Amar@Bhismadev Seth …. Appellant

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Mr.A.C. Behera, Advocate

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-versus-

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State of Odisha
….
2. Bhanumati Meher Respondents

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Mr.S.S. Mohapatra
Addl. Standing Counsel
CRLA No.324 of 2023
Samir Bhue @ Sameer …. Appellant
Bhue
Mr.A.C. Behera, Advocate
-versus-
1. State of Odisha
….
2. Bhanumati Meher Respondents
Mr.S.S. Mohapatra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO

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ORDER Order No. 03.07.2023

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These matters are taken up through Hybrid arrangement (video conferencing/physical mode).

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Since both the appeals arise out of one case and with the consent of the learned counsel for both the parties, the same are taken up and are disposed of by

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// 2 //

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this common order.

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Heard learned counsel for the appellants and learned counsel for the State in both the cases.

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Learned counsel for the State submits that notice on the informant has been made sufficient.

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None appears for the informant in both the cases.

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Both the appeals are under section 14-A (2) of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Special Case No.59 of 2022 arising out of Bargarh Sadar P.S. Case No.239 of 2022 pending in the court of learned Sessions Judge, Bargarh for offences punishable under sections 147/148/302/323/307/ 354/506/149 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act, 1989.

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The appellants moved applications for bail before the Court of learned Sessions Judge, Bargarh, which were rejected on 13.03.2023.

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Learned counsel for the appellants submits that the appellants are in judicial custody since 14.02.2023 and they have been charge sheeted under sections 147/148/302/323/307/354/506/149 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that the occurrence in question took place

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on 03.08.2023 and the deceased Kailash Meher died on 12.08.2022 and the eye witnesses have stated in an omnibus manner about the involvement of the appellants in the assault of the deceased as well as the injured persons and therefore, the bail application of the appellants may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the statement of injured person, namely, Gajanana Meher from which it appears that specific overt act of assault has been attributed against Samir Bhue @ Sameer Bhue who stated to have assaulted the deceased on his head by means of a bamboo stick. Learned counsel further placed the post mortem report finding which indicates that the deceased has sustained as many as four external injuries and the cause of death has been opined to be due to head injury resulting from application of blood trauma overhead. The statement further reveals that the appellant Amar @ Bhismadev Seth along with other co-accused persons also participated in the assault of the deceased and other injured persons.

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Considering the submissions made by the learned counsel for the respective parties and since specific overt act of assault has been attributed against Samir Bhue @ Sameer Bhue (appellant in

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CRLA No.324 of 2023), I am not inclined to grant him on bail. Accordingly, the prayer for bail stands rejected. He is at liberty to renew his prayer for bail after examination of the eye witnesses to the occurrence in the learned trial Court. The learned trial Court shall expedite the trial and take steps for examination of the eye witnesses at the first instance.

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So far as Amar @ Bhismadev Seth (appellant in CRLA No.311 of 2023) is concerned, in absence of any specific overt act and taking into account his period of detention in judicial custody, I am inclined to grant him on bail. Accordingly, the prayer for bail stands allowed.

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Let Amar @ Bhismadev Seth (appellant in CRLA No.311 of 2023) 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 and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

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Both the CRLAs are accordingly disposed of.

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Issue urgent certified copy of this order on proper application

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A copy of the order be communicated to the learned trial Court forthwith.

( S.K. Sahoo)

Judge

Sipun

Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Jul-2023 18:48:20

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Amar@Bhismadev Seth v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amar@Bhismadev Seth v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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