Allowed¶15

Surjya Mahanta@Suryakanta Mahanta v. State of Odisha

Orissa HC14 Jul 2025CRLA/122/2025

Case brief

AI extract

What is this about?

High Court of Orissa, Cuttack; CRLA No.122 of 2025; Justice G. Satapathy; order dated 14.07.2025. Appeal under Section 14-A SC/ST (Prevention of Atrocities) Act, 1989 by Surjya Mahanta @ Suryakanta against rejection of bail by Special Judge, Keonjhar in Special Case No.18 of 2024 arising from Turumunga PS Case No.161 of 2024 (charges under Sections 328, 506, 457, 380, 294, 376(2)(n) IPC read with Sections 3(1)(r), 3(2)(va), 3(1)(w)(i), 3(2)(v) SC/ST Act; rape allegation). Appellant in custody since 03.09.2024, trial unconcluded; bail granted, impugned order quashed/set aside, no view on merits.

What did the court decide?

Appellant directed to be released on bail on such terms and conditions as deemed fit and proper by the learned Court in seisin over the matter; urgent certified copy ordered as per Rules. ¶15

Surjya Mahanta@Suryakanta Mahanta Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.122 of 2025

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Surjya Mahanta @ Suryakanta … Appellant Mahanta

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Mr. K.K. Gaya, Advocate

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-versus-

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State of Odisha and another

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… Respondents

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Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 04.

14.07.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This criminal appeal in nature of Section 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the order dated 06.01.2025 passed in Special Case No.18 of 2024 by which the learned Special Judge, Keonjhar has refused to release the appellant on bail in connection with Turumunga PS Case No.161 of 2024 for commission of offence punishable under Sections 328/ 506/ 457/ 380/ 294/ 376(2)(n) of IPC read with Section 3(1)(r)/ 3(2)(va)/ 3(1)(w)(i)/ 3(2)(v) of the Act, on the main allegation of committing rape upon the victim. 3. Heard, Mr. Karunakar Gaya, learned counsel for the appellant and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record.

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Page 1 of 2

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The appellant is in custody since 03.09.2024, but the trial is yet to be concluded. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offence alleged against the appellant vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the appellant in custody and accused having unfounded right to be presumed innocent until proven guilty at the trial, this Court without expressing any view on the merits, considers it proper to admit the appellant to bail.

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Hence, the CRLA stands allowed and the impugned order is hereby quashed/ set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions as deem fit and proper by the learned Court in seisin over the matter.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2025 15:22:40

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Surjya Mahanta@Suryakanta Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surjya Mahanta@Suryakanta Mahanta v. State of Odisha

Case brief

What is this about?

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What the court decided

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