Unknown vs State Of Orissa … Opposite Party on 7 May, 2025

Orissa High Court

Unknown vs State Of Orissa … Opposite Party on 7 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
            Santosh Sahoo
            (In BLAPL No.989 of 2024)
            Bhagirathi Palei
            (In BLAPL No.1921 of 2025)
            Balia @ Balaram Behera
            (In BLAPL No.2846 of 2025)

                                            ...            Petitioners

                                        Mr. B.P. Pradhan, Advocate
                                       (For BLAPL No. 989 of 2024)
                                     Mr. P.K. Mohapatra, Advocate
                                     (For BLAPL No. 1921 of 2025)
                                         Mr. S.R. Rout, Advocate
                                     (For BLAPL No. 2846 of 2025)
                                   -versus-
            State of Orissa                    ... Opposite Party
                                            Mr. A.K. Apat, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                               ORDER(ORAL)

Order No.                       07.05.2025
   16.         1.      This   matter   is   taken   up   through    Hybrid

Arrangement (Virtual/Physical Mode).

2. Since these three 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
Ramachandrapur PS Case No.72 of 2023 corresponding
to ST Case No. 76 of 2023 pending in the file of learned

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Addl. Sessions Judge, Anandapur for commission of
offences punishable Under Sections 147/ 148/ 294/ 354/
354-B/323/506/302/326/427/149 of the IPC, on the
main allegation of attacking the deceased and causing
injury to him resulting in his death after seven days of
the occurrence, while undergoing treatment.

4. Heard, Mr. Bishnu Prasad Pradhan, learned
counsel for the Petitioner in BLAPL No.989 of 2024; Mr.
Pradeep Kumar Mohapatra, learned counsel for the
Petitioner in BLAPL No.1921 of 2025; Mr. Smruti Ranjan
Rout, learned counsel for the Petitioner in BLAPL No.
2846 of 2025; and Mr. A.K. Apat, learned Additional
Public Prosecutor in the matter and perused the record.

5. After having considered the rival submissions and
taking into consideration the nature and gravity of the
offence as alleged against the petitioners vis-a-vis the
accusations sought to be brought against them and regard
being had to the pre trial detention of the Petitioners
Santosh Sahoo & Bhagirathi Rathi in custody from
05.04.2023 and Petitioner Balia @ Balaram Behera from
21.04.2023 with examination of 16 out of 37 charge
sheeted witnesses and keeping in view grant of bail to co-
accused persons namely Sipu @ Amaresh Rout in BLAPL
No 432 of 2025, Anjan Rout @ Chilu in BLAPL No. 352 of
2025 & Manas Ranjan Behera @ Sipuna in BLAPL No.
13289 of 2023 and on going through the entire materials
placed on record including the evidence of witnesses and

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statement of the deceased, this Court without expressing
any view on merits admits each of the Petitioners to bail.

6. Hence, these three bail applications of the
petitioners namely Santosh Sahoo, Bhagirathi Rathi and
Petitioner Balia @ Balaram Behera in BLAPL Nos. 989 of
2024 and BLAPL Nos. 1921 & 2846 of 2025 stand
allowed and each of the petitioners is allowed to go on
bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) with two solvent sureties each for the
like amount to the satisfaction of the learned Court in
seisin of the case on such terms and conditions as deem
fit and proper by it with following conditions:-

(i) the petitioners shall not commit any
offence while on bail,

(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless their
attendance are dispensed with. In case
the Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS,2023 in accordance
with law,

(iii) the petitioners shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating their present address
of stay to the concerned Court and

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(iv) the petitioners shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six (06) months from the actual
date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall
not detain the petitioners unnecessarily after recording
their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioners
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation
of bail is otherwise made out. In the wake of aforesaid,
the subsequent involvement of the petitioners in future
for similar/grave offences on prima facie accusations
may be treated as a ground for cancellation of bail in
this case.

7. Accordingly, these BLAPL Nos. 989 of 2024 and
BLAPL Nos. 1921 & 2846 of 2025 stand disposed of.

8. Issue urgent certified copy of the order as per
Rules.

(G. Satapathy)
Judge

Signature Not Verified
Priyajit
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 08-May-2025 18:46:22

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