Jitu @ Jitendra Kumar Behera v. State of Orissa & Anr.
Case at a glance
Outcome
Set aside
impugned order is hereby set aside
Provisions considered
- Indian Penal Code, 1860 ss. 294, 302, 307, 323, 341, 449, 506
Key paragraphs
- Para 55. 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.
Judgment
Mr. C. Mohanty, Addl. PP Order No. 04. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 21.07.2025
This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).
This criminal appeal Under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) in nature of bail is directed against the impugned order dated 26.12.2024 passed in CT Case No.77 of 2023 by which the learned Judge Special Court, Dhenkanal has refused to release the appellant on bail in connection with Town PS Case No.966 of 2023 for commission of offences punishable under Sections 341/294/323/307/302/449/506 of the IPC read with Sections 3(1)(r)(s)/3(2)(v) of the Act, on the allegation of committing murder of the deceased by assaulting him with a split wood, along with co-accused persons.
Heard, Mr. Bharat Jalli, learned counsel for the appellant and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by learned Addl. PP.
After having considered the rival submissions and taking into consideration the nature and gravity of the offence as 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 since 03.01.2024 with submission of charge sheet in the meanwhile and grant of bail to co- accused Gagan Behera in CRLA No. 583 of 2024 and taking into account the nature and circumstance of allegation and the commission of crime and keeping in view the inherent right of the accused to be presumed innocent until proven guilty, this Court considers it proper to admit the appellant to bail.
Operative part
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.
Issue urgent certified copy of the order as per Rules. (G. Satapathy) Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 22-Jul-2025 13:51:46 Priyajit Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: impugned order is hereby set aside
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 294, 302, 307, 323, 341, 449, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.