NIRAKAR MOHANTY vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA NO.569 of 2026

CNR NO. ODHC010423892026

(In the matter of an appeal U/S.14-A(2) of SC & ST
(PoA) Act).


Nirakar Mohanty … Appellant
-versus-
State of Orissa and another … Respondents


For Appellant : Mr. D. Das, Advocate

For Respondents : Mr. P.Satapathy, Addl. PP
Mr. H.K.Malik, Advocate
(Informant)

CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & JUDGMENT:01.09.2026(ORAL)

G. Satapathy, J.

1. This criminal appeal in nature of bail
U/S.14-A(2) of the Scheduled Caste & Scheduled
Tribe (Prevention of Atrocities) Act, 1989 together
with amendment Act, 2016 (in short, “the Act”) is
directed against the impugned order dated
20.05.2026 passed in CT (SC/ST) Case No.15 of 2026
by which the learned Sessions Judge, Jagatsinghpur,
has refused to grant bail to the appellant in
connection with Balikuda PS Case No.55 of 2026 for
CRLA No.569 of 2026 Page 1 of 4

commission of offences punishable U/Ss.103(1)/3(5)
of BNS r/w Sections 3(1)(r)(s)/3(2)(v) of the Act, on
the main allegation of assaulting the deceased
Kalandi Bhoi to death, along with co-accused persons
by taking advantage of his caste.
2. Heard Mr.Debasnan Das, learned counsel
for the appellant, Mr. P.Satapathy, learned Additional
Public Prosecutor and Mr. Harekrushna Malik, learned
counsel for the informant and perused the record.
2.1. Mr. Harekrushna Malik, learned counsel
for the informant specifically submits that not only
the appellant has brought the deceased by smashing
him on the ground, but also, he has assaulted him
and, thereby, the appellant being prima facie
implicated for offence of murder, he should not be
granted bail.
3. After having considered the rival
submissions upon perusal of record, no doubt there
appears allegation against the appellant for assaulting
the deceased, but the Post Mortem Report of the
CRLA No.569 of 2026 Page 2 of 4

deceased reveals few patchy submucosal hemorrhage
emitting alcoholic fruity odour and the death of the
deceased was opined by the Doctor in the PM report
to be due to hemorrhage and shock and its
complication thereof, however, the routine viscera of
the deceased has been preserved to rule out
consumption of intoxicant by the deceased. It is
further found from the record that the deceased was
abusing the witness Bebina and others in the village
prior to the occurrence. In the aforesaid facts and
situation and taking into account the nature and
gravity of the offences as alleged against the
appellant vis-à-vis the accusations sought to be
brought against him and regard being had to the
materials placed on record and the circumstance of
transaction preceding the incident and lastly, taking
into account the conduct of the appellant in taking
the deceased to hospital for his treatment and
submission of charge-sheet in the meantime and
keeping in view the inherent right of the accused-
appellant to be presumed innocent until proven guilty
CRLA No.569 of 2026 Page 3 of 4

at the trial and the grant of bail to co-accused Raju @
Rajkishore Mohanty standing on similar footing in
CRLA No. 500 of 2026, this Court without expressing
any view on merits, considers it proper to admit the
appellant to bail.
4. Hence, the CRLA stands allowed and the
impugned order is, hereby, 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.
5. Issue urgent certified copy of the order
as per Rules. A soft copy of this order be immediately
communicated to the concerned Court, who shall
afterwards communicate the same to the concerned

Jail through e-mail for reference.

(G. Satapathy)
Judge





Orissa High Court, Cuttack,
st
Dated the 1 day of September, 2026/Kishore

Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 01-Sep-2026 18:48:29
CRLA No.569 of 2026 Page 4 of 4