Babula Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.415 of 2021 Babula Pradhan ....

Appellant Mr. J. Sahoo, Advocate -versusState of Odisha and another ....

Respondents Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.03.2022 04.

1.

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

2.

This is an application under Section 14(A) of SC & ST (PoA) Act and the offences alleged are under Sections 302/120-B/34 of I.P.C. and Section 3(2)(v) of the S.C. & S.T. (PoA) Act. 3.

It is submitted on behalf of the appellant that the appellant is inside custody since 24.07.2021 and there is no material against the appellant to implicate him in the alleged offence. The only material is the confessional statement of the co-accused Malla @ Sunil Nahak. He further submits that another co-accused, namely, Prasanta @ Mangu Gouda has already been released on bail by this Court in CRLA No.349 of 2020 vide order dated 21.01.2021. 4.

After hearing the learned counsel for the State and considering the statement of the witnesses as well as the nature of materials available against the appellant, it is directed that the appellant be

// 2 // released on bail by the learned Sessions Judge-cum-Special Judge, Chhatrapur, Ganjam in G.R. Case No. 32 of 2019 arising out of Kabisuryanagar P.S. Case No. 304 of 2018 on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that the appellant shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence. 5.

The CRLA is disposed of.

6.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu