Allowed

Balaram Dalai@Raja v. State of Odisha

Orissa HC6 Feb 2024CRLA/1349/2023

Case brief

AI extract

What is this about?

Appellant in a murder and caste atrocity case sought bail on the ground that the main eye witness had recollected in further cross-examination that the appellant was not present at the scene. The court noted the substantial period of judicial custody and the changed testimony, and allowed bail with conditions.

What did the court decide?

Bail granted on furnishing bail bond of Rs. 50,000/- with two local solvent sureties each for the like amount, subject to conditions.

Balaram Dalai@Raja Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLA No.1349 of 2023

¶3

Balaram Dalai @ Raja

¶4

…. Appellant

¶5

Mrs. Diptirekha Nanda, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Respondent

¶9

Mr. Sonak Mishra, Addl. Standing Counsel

¶10

Order No.

¶11

¶12

Mr. J.K. Panda, Advocate for the
informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
06.02.2024
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).

¶13

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

¶14

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act in connection with T.R. Case No.30 of 2020 arising out of Khurda Sadar P.S. Case No.104 of 2020 pending in the Court of learned 1^st Additional Sessions Judge -cum- Special Judge under S.C. & S.T. (PA) Act for offences punishable under sections 302/120-B/34 of the Indian Penal Code, sections 25/27 of the Arms Act and section 3(2)(v) of the S.C.

¶15

// 2 //

¶16

& S.T. (PoA) Act.

¶17

The appellant moved an application for bail before the court of learned 1^st Additional Sessions Judge -cum- Special Judge under S.C. & S.T. (PA) Act, which was rejected on 23.11.2023.

¶18

Learned counsel for the appellant submitted that the appellant is in judicial custody since 13.07.2021 and he has been charge sheeted under sections 302/120-B/34 of the Indian Penal Code, sections 25/27 of the Arms Act and section 3(2)(v) of the S.C. & S.T. (PoA) Act and earlier when the appellant approached this Court for bail in BLAPL No.620 of 2022, taking into account the evidence of P.W.3, the eye witness in which he has implicated the appellant to have fired gunshot at the deceased, the bail application was rejected. Learned counsel further submitted that P.W.3 was recalled on the petition filed by the learned defence counsel and during his further cross-examination, he has stated that when he reached at the spot, he found his deceased uncle was lying on the ground sustaining bleeding injuries and many persons were present at the spot and he further stated that he had not seen any of the accused persons at the spot and he had not seen the appellant at the spot. Learned counsel further submitted that since in the further cross-examination, P.W.3 has given a complete go-bye to his earlier deposition

¶19

Page 2 of 4

¶20

// 3 //

¶21

made in his examination-in-chief as well as in the cross-examination and taking into account the period of detention of the appellant in judicial custody, the bail application of the appellant may be favourably reconsidered.

¶22

Learned counsel for the State opposed the prayer for bail and submitted that the appellant was an absconder.

¶23

Learned counsel for the informant has no serious objection for grant of bail to the appellant.

¶24

Considering the submissions made by the learned counsel for the respective parties, the lis pendens development made, the fact that the eye witness P.W.3 has changed his version in the further crossexamination and stated that the appellant was not present at the time of occurrence and the period of detention of the appellant in judicial custody, I am inclined to reconsider the prayer for bail and direct the appellant to be released on bail.

¶25

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 conditions as the learned Court may deem just and proper with further conditions that the appellant shall appear before the learned trial Court

¶26

Page 3 of 4

¶27

// 4 //

¶28

on each date to which the case would be posted for trial and he shall not indulge in any criminal activities in any manner.

¶29

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

¶30

The CRLA is accordingly disposed of.

¶31

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

RKM

Judge

Signature Not Verified

¶36

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 07-Feb-2024 11:01:24

¶37

Page 4 of 4

Balaram Dalai@Raja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balaram Dalai@Raja v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishal Kumar Giri@Bimal Vs State of Odisha

Indra@Indramani Bariha Vs State of Odisha

Bhusu@Duryadhan Mohanta Vs State of Odisha

Durga Bej@Durga Sankar Bej Vs State of Odisha

Gada @ Gadadhar Behera Vs State of Odisha

Rabi@Rabindra Parida Vs State of Odisha