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Orissa High Court
Unknown vs State Of Orissa … Opposite Party on 22 July, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Sk. Rafique @ Sk. Rafibul @ Katibabu @ Nana
(In BLAPL No.3761 of 2025)
Sk. Imran @ Sk. Japan @ Sk. Japani
(In BLAPL No.4448 of 2025)
... Petitioners
Mr. K. Mohanty, Advocate
(For BLAPL No. 3761 of 2025)
Mr. D. Sahoo, Advocate
(For BLAPL No. 4448 of 2025)
-versus-
State of Orissa ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 22.07.2025 03. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one
and same case record, the same are heard together and
disposed of by this common order with the consent of
the learned counsel for the parties.
3. These are the bail applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Marine Balaramgadi PS Case No. 03 of 2021
corresponding to ST Case No. 218 of 2021 pending in
the file of learned 3rd Addl. Sessions Judge, Balasore for
commission of offences punishable Under Sections
302/147/148/449/120-B/216/109/149 of IPC and
Sections 25/27 of the Arms Act, on the main allegation
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of rioting along with co-accused persons being armed
with deadly weapons and committing murder of the
deceased Bijay Kumar Pradhan by firing at him pursuant
to a conspiracy with co-accused persons.
4. Heard, Mr. Kuldeep Mohanty, learned counsel
for the Petitioner in BLAPL No. 3761 of 2025; Mr.
Dushmanta Sahoo, learned counsel for the Petitioner in
BLAPL No. 4448 of 2025 and Mr. M.K. Mohanty, learned
Addl. Public Prosecutor in the matter and perused the
record.
5. In the course of hearing, Mr. M.K. Mohanty,
learned Addl. PP brings it to the notice of the Court that
the Petitioner-Sk. Imran @ SK. Japan @ Sk. Japani is
having 11 criminal antecedent, whereas the Petitioner-
Sk. Rafique @ Sk. Rafibul @ Katibabu @ Nana is having
06 criminal antecedent, but the fact in this case
discloses death of a person by firing.
6. In view of the above facts and after having
considered the rival submissions and taking into
consideration the nature and gravity of the offences as
alleged against the petitioners vis-a-vis the allegations
sought to be brought against them and the materials
collected in support thereof and keeping in view the
mode, manner and circumstance of the commission of
crime and on going through the materials placed on
record and regard being had to the checkered criminal
history of each of the Petitioners which were not
mentioned by the petitioners in their bail applications,
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this Court is not inclined to grant bail to either of the
Petitioners.
Hence, the bail applications of the petitioners
stand rejected. In view of the alternative oral prayer as
advanced for the Petitioners, the trial be expedited, if
there is no other legal impediment.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules. A copy of this order be immediately transmitted
to the concerned Court.
(G. Satapathy)
Judge
Priyajit
Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 23-Jul-2025 12:33:38
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