Urat Jagdala Vs State of Odisha

These appeals are under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with Bargarh Rural P.S. Case No.211 of 2023 corresponding to C.T. (Spl.) Case No.110/18 of 2023-24 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Bargarh. for offences punishable under sections 147, 148, 325, 326, 307, 335, 302,149 of the Indian Penal Code read with sections 3(1)(r), (3(1)(s), 2(va) of S.C. & S.T. (PoA) Act.

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The appellants in CRLA No.101 of 2024 moved application for bail before the Court of learned

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Sessions Judge, Bargarh, which was rejected on 18.01.2024, the appellant in CRLA No.185 of 2024 moved applicatios for bail before the Court of learned Sessions Judge, Bargarh, which was rejected on 21.02.2024 and appellants in CRLA No.861 of 2024 moved application for bail before the Court of learned Addl. Sessions Judge, Bargarh, which was rejected on 16.08.2024.

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Learned counsel for the appellants in CRLA No.101 of 2024 submitted that the appellants are in judicial custody since 22.11.2023, the appellant in CRLA No. 185 of 2024 is in judicial custody since 22.11.2022 and the appellants in CRLA No. 861 of 2024 are in judicial custody since 07.12.2023. Learned counsel further submitted that there are two eye witnesses in this case, namely, Suraj Kurmi and one Rohit Kumbhar. Suraj Kurmi has been examined as P.W.1 in the learned trial Court and he has not supported the prosecution case and so far as Rohit Kumbhar is concerned, his whereabouts is not known and even the charge sheet indicates that he did not appear before the I.O. and absconded from the spot soon after the occurrence and did not return to his house till the submission of the charge sheet. It is further submitted that the similarly situated coaccused persons, namely, Srinibas Bhoi in CRLA No.

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713 of 2024, Sudam Gartia, Magasira Sahu and Trilochan Banchhor in CRLA No.775 of 2024 have been directed to be released on bail as per common order dated 08.10.2024 and therefore, in view of the period of detention, the bail application of the appellants may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and submitted that the whereabouts of the eye witness Rohit Kumbhar is not known.

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the learned trial Court, release of the similarly situated co-accused on bail and taking into account the period of detention in judicial custody, I am inclined to release them on bail. Let the appellants in all the appeals be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each 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 including the following conditions:

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(i) that they shall appear before the learned trial Court on each date to which the case would be posted for trial;

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