IN THE HIGH COURT OF ORISSA AT CUTTACK Santosh Gouda (In BLAPL No.1995 of 2026) Kanha Sethi (In BLAPL No.6624 of 2025) Amit Gouda (In BLAPL No.6628 of 2025) Sukanta Nayak (In BLAPL No.3178 of 2026) … Petitioners Ms. P. Naidu, Advocate (in BLAPL No.1995 of 2026) Mr. B.R. Das, Advocate (in BLAPL Nos.6624 & 6628 of 2025) Mr. S.G. Das, Advocate (in BLAPL No.3178 of 2026) -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):23.04.2026 01. 1. Since these four 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. 2. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Berhampur Sadar PS Case No.296 of 2024 arising out of Sessions Case No.15 of 2026 (GR Case No.1170 of 2024) pending in the Court of learned Sessions Judge, Ganjam, Berhampur, for commission of offences punishable U/Ss.140(1)/103(1)/238/49/61(2)/3(5) of BNS, on the main allegation of committing murder of Sibasish Choudhury @ Siba by assaulting him conjointly with co- accused persons in furtherance of their common intention. Page 2 of 3 3. Heard, Ms. Pratyusha Naidu, learned counsel for the petitioner in BLAPL No.1995 of 2026; Mr. Biswa Ranjan Das, learned counsel for the petitioners in BLAPL Nos.6624 & 6628 of 2025; Mr. Siddharth Goutam Das, learned counsel for the petitioner in BLAPL No.3178 of 2026 and Mr. R.B. Mishra, learned Additional Public Prosecutor and perused the record. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for committing murder of Sibasish Choudhury @ Siba, but in the meantime, trial has commenced with examination of two witnesses, however, material witnesses like Balia Nayak, Muna Mohanty and the mother of the deceased have not yet been examined. Besides, the witness-Balia Nayak has allegedly identified the petitioners-Santosh Gouda, Kanha Sethi and Amit Gouda in the TI parade, but it could not be clarified as to whether the petitioner-Sukanta Nayak has been identified in the TI parade. In addition, the petitioner-Santosh Gouda is allegedly having 19 criminal antecedents, whereas the petitioner-Kanha Sethi is also having some antecedents. It is also not in dispute that the co-accused Rama Krushna Nahak @ Bulu has already been granted bail in BLAPL No.2188 of 2025. In the aforesaid premises, especially when the material witnesses referred to above have not yet been examined and taking into account the identification of the petitioners in TI parade, this Court while not being inclined to grant bail to the petitioners- Santosh Gouda, Kanha Sethi and Amit Gouda in BLAPL Nos.1995 of 2026, 6624 of 2025 & 6628 of 2025, however, considers it proper to admit the petitioner- Sukanta Nayak to bail in BLAPL No.3178 of 2026, but subject to verification of his identification, if any in the TI parade. 5. 5. Hence, the prayer for bail of the petitioners- Santosh Gouda, Kanha Sethi and Amit Gouda in BLAPL Nos.1995 of 2026, 6624 of 2025 & 6628 of 2025 respectively stand rejected, whereas the prayer for bail of petitioner-Sukanta Nayak in BLAPL No.3178 of 2026 stands allowed. Accordingly, the petitioner-Sukanta Nayak in BLAPL No.3178 of 2026 is allowed to go on bail, subject to condition of him being not identified in TI parade, if any on furnishing bail bonds of Rs.25,000/- (Rupees Twenty- five 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. 6. Accordingly, these BLAPLs stand disposed of. It is, however, open to the rest petitioners to renew their prayer for bail after examination of the witnesses referred to above, but the subsequent bail application of the petitioner shall be considered according to its own merit. 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 Subhasmita