p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.462 of 2025 Kulu Nayak …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.01.2025 01. 1. Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.1089 of 2024 pending in the file of learned Additional Sessions Judge, Aska, Ganjam arising out of Badagada P.S. Case No.284 of 2024 on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1; counter F.I.R. i.e. Annexure-2; and rejection order at Annexure-3. 4. Mr. Sahoo, learned counsel for the petitioner submits that the petitioner was assaulted by the deceased at first and to counter the same, the overt act has been committed by him. It is submitted that the petitioner has also received a head injury on account of the alleged assault from the side of the deceased. By referring to the F.I.R. as at Annexure-1 and circumstances under which the alleged occurrence took place, Mr. Sahoo, learned counsel for the petitioner would submit that the petitioner had no plan as such to commit the overt act but was restrained and was assaulted and it was retaliated by him. It is further submitted that a counter F.I.R. was lodged from the side of the petitioner before the F.I.R. i.e. Annexure-1 was p. 2 received from the informant, hence, considering the same, the petitioner, who is in custody and in the meantime, chargesheet is filed with the closure of investigation, should be allowed to go on bail with any conditions. 5. Mr. Mohanty, learned ASC for the State opposed release of the petitioner on bail on the ground that he assaulted the deceased mercilessly and as a result of injuries latter sustained, he succumbed to the same, hence, a case under Section 302 I.P.C is prima facie made out. 6. Admittedly, from the statements of the witnesses recorded under Section 161 Cr.P.C., copies of which have been provided to the Court by Mr. Sahoo, learned counsel for the petitioner, it is made to appear that the petitioner and the deceased assaulted each other and for the injuries, the latter received on account of such assault, he died after being shifted to the hospital. In fact, a counter F.I.R. is lodged from the side of the petitioner, a copy of which is at Annexure-2 with a case under Section 307 I.P.C. registered against the deceased and others. Considering the circumstances so narrated in the F.I.R. and revealed by the witnesses whose statements are recorded under Section 161 Cr.P.C., the Court is of the opinion that it may be said to be an incident taking place without a pre-plan and the assault to be under provocation and therefore, the petitioner, who is in judicial custody and at the same time, was found to be assaulted by the deceased so made to appear from Annexure-2, should be allowed to go on bail subject to stringent conditions. 7. Hence, it is ordered. 8. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No.1089 of 2024 arising out of Badagada P.S. Case No.284 of 2024 subject to him furnishing a bail p. 3 bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge, Aska, Ganjam, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not terrorize the informant and cause any harm to him and his other family members and influence any of the material witnesses to the case, in any manner, whatsoever, while on bail and in case, any of the conditions imposed by the Court is violated, it is made clear that the same shall entail cancellation of bail granted to him. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram