Allowed

Indra@Indramani Bariha v. State of Odisha

Orissa HC5 Feb 2024CRLA/305/2023

Case brief

AI extract

What is this about?

The High Court disposed of a bail application in a case involving offences under the IPC and the Prevention of Atrocities Act. Relying on the proof of the eyewitness not supporting the prosecution and the release of co-accused, the court released the appellant on bail with conditions.

What did the court decide?

Appellant released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties; standard conditions applied.

Indra@Indramani Bariha Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.305 of 2023

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Indra @ Indramani Bariha …. Appellant

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Mr. S.K. Dwibedi, Advocate

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-versus-

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1. State of Odisha

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…. Respondents

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2. Ramesh Bariha

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Order No.

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Mr. Arupananda Das Addl. Government Advocate

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CORAM: JUSTICE S.K. SAHOO ORDER 05.02.2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). None appears for the informant.

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

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This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act in connection with Special G.R. Case No.655/40(A) of 2022 arising out of Larambha P.S. Case No.79 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Patnagarh for offences punishable under sections 147/148/302/201/149 of the I.P.C., section 4 of the Prevention of Witch Hunting Act and section 3(2)(v)

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of the S.C. & S.T. (PoA) Act.

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As per the previous order, the learned counsel for the State has produced the letter dated 08.12.2023 received from the Inspector in-charge of Larambha police station and the deposition copy of the eye witness, namely, Goura Bagarty. From the evidence copy it appears that the said witness being examined as P.W.1 did not support the prosecution case. The instruction and deposition copy are taken on record.

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Learned counsel for the appellant submitted that the appellant is in judicial custody since 17.11.2022 and similarly situated co-accused persons, who are facing trial in another case before the same Court have already been released on bail and therefore, the bail application of the appellant may be favourably considered.

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Learned counsel for the State, on the other hand, on verification of case records submitted that one co-accused Krushna Bariha has been released on bail by this Court in CRLA No.447 of 2020 vide order dated 15.11.2022 and the appellant stands on the similar footing like the said co-accused person.

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Considering the submissions made by the learned counsel for the respective parties, the fact that the eye witness Goura Bagarty has not

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supported the prosecution case, the period of detention of the appellant in the judicial custody and release of the co-accused persons on bail, I am inclined to release the appellant on bail.

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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 conditions that he shall not try to come in contact with the victim, shall not indulge in any criminal activities, shall not try to tamper with the evidence 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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The CRLA is accordingly disposed of. Issue urgent certified copy of this order on proper application.

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sipun

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 06-Feb-2024 19:14:04

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Indra@Indramani Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Indra@Indramani Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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