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1937 DAILYLAW 3 (ORI)

RAJESH DANGA @ MINTU v. STATE OF ODISHA

BLAPL/1937/2026 · 2026-04-22

Gourishankar Satapathy

body1937

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1937 of 2026 Rajesh Danga @ Mintu … Petitioner Mr. S. Mohanty, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 22.04.2026 01. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bisoi P.S. Case No. 188 of 2025 corresponding to C.T. Case No. 1252 of 2025 pending in the file of learned SDJM, Rairangpur for commission of offences punishable U/S. 310(2) of BNS, on the main allegation of committing daocity by assaulting the father of the informant with sharp cutting weapon, along with co-accused persons. 2. In the course of hearing, Mr. Shivasankar Mohanty, learned counsel for the petitioner by referring to the TI parade report and statement of the victim, submits that the victim himself has wrongly identified the present petitioner, but the informant has correctly identified the petitioner, however, the informant is a person, who cannot be trusted for identification because he was not present at the scene of occurrence, however, the petitioner is in custody since 27.10.2025 and in the meantime, charge sheet has already been submitted, but the present petitioner being allegedly involved in another case, has already been granted bail by this Court in BLAPL No.313 of 2026 and, therefore, there would not be any impediment to grant bail to the present petitioner in this case. Accordingly, Mr.Mohanty prays to grant bail to the petitioner. 2.1. On the other hand, Mr. R.B. Mishra, learned Addl. PP by relying upon the TI parade report submits that since the petitioner has been identified by one of the identifying witness, his bail application may kindly be rejected. 3. After having considered the rival submissions upon perusal of record, the FIR has been registered against four named persons including the petitioner and six unknown persons, but the allegation is for committing robbery of Rs.200/- from the victim, however, the petitioner has not got number of criminal antecedents except one case in which he has already been granted bail. It is not in dispute that the victim has wrongly identified the petitioner in the TI parade. Additionally, co- accused Bulu Lohar has already been granted bail by this Court in BLAPL No. 671 of 2026. In the aforesaid facts and circumstance and taking into account the materials so placed on record and regard being had to the pre-trial detention of the petitioner in custody and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, admits the petitioner to bail. Page 3 of 3 4. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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. 5. Accordingly, the BLAPL stands disposed of. 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 S.Sasmal Designation: Jr. Stenographer