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2015 DAILYLAW 762 (ORI)

LALKRUSHNA ADVANI @ NAIK @ NALU v. STATE OF ODISHA

BLAPL/2015/2026 · 2026-04-22

V Narasingh

body2015

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2015 of 2026 Lalkrushna Advani @ Naik @ Nalu …. Petitioner Mr. R.C. Maharana, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with C.T.(S) Case No.26 of 2025 pending on the file of learned Addl. Sessions Judge, Angul, arising out of Angul Sadar P.S. Case No.520 of 2024 for commission of offence alleged under Sections 103(1)/3(5) of BNS. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned Additional Sessions Judge, Angul by order dated 21.11.2025 in the aforementioned case, the present BLAPL has been filed. 5. The case of the prosecution, in short, is that on 14.09.2024 at 4.30 P.M. the informant lodged a written report alleging therein that on 14.09.2024 at 2.30 P.M. while he was returning to his house from Angul side, on the way near Khamar over bridge he saw that two persons namely, Kathi Naik and his one causing death of his brother Bhabani Shankar Bhanja assaulting by means of a Chaku. Hence, he reported the same at P.S., on the basis of which the Angul Sadar P.S. Case No.520 of 2024 was registered. 6. It is submitted by the learned counsel for the Petitioner that the prosecution heavily relied on the evidence of P.W.6, who is an eyewitness. Since she has not supported the prosecution, the co-accused, against whom graver allegations are there, was released on bail by order dated 16.04.2026 in BLAPL No.12554 of 2025 and it is stated that so far as the present Petitioner is concerned, the accusation is on account of co- accused statement. Hence, the Petitioner may be released on bail. 7. Learned counsel for the State opposes the prayer for bail. 8. Considering the materials on record including the evidence of P.W.6, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Accordingly, the BLAPL stands disposed of. 10. UCC as per rules. (V. NARASINGH) Judge Santoshi