NIRANJAN ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) This criminal appeal under Sec. 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, 'the Act') in nature of bail is directed against the order dtd. 14/5/2025 passed in CT(Special) Case No.525 of 2025 by which the learned Special Judge, Chandikhole has refused to release the appellant on bail in connection with Jenapur PS Case No. 111 of 2025 for commission of offences punishable under Ss. 126(2)/ 296/ 115(2)/ 303(2)/ 308(2)/351(2)/3(5) of BNS and Sec. 25 of the Arms Act read with Ss. 3(1)(r)/3(1)(s)/3(2)(va) of the Act, on the main allegation of demanding money from the informant and assaulting him along with co-accused persons by taking advantage of the caste of the informant.

(2.) Heard, Mr. Pravash Chandra Jena, learned counsel for the appellant, Mr. M.R. Patra, learned Additional Public Prosecutor and Mr. Pravat Kumar Muduli, learned counsel for the Informant in the matter and perused the record. The informant and the State mainly oppose the bail application of the appellant for violation of the condition no. (III) of the order dtd. 7/4/2025 passed by a co-ordinate Bench of this Court in ABLAPL No. 3744 of 2025 and his subsequently involvement in other criminal cases.

(3.) Further, the classic right an accused has got is his presumption of innocence and such right can be effectuated by granting bail to a person accused of offence by taking some surety, unless the allegation is heinous, serious and the materials on record prima facie disclose the involvement of the accused in such cases. It is also not in dispute that bail is the rule, but jail is the exception and a person cannot be put behind bar for indefinite period, merely because case(s) has/have been registered against him, of course a person can be taken into custody in accordance with the procedure established by law. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record, this Court without expressing any view on merits considers it proper to admit the appellant to bail.