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2025 DAILYLAW 10145 (ORI)

RASIA @ RASMIKANTA MANGARAJ v. STATE OF ODISHA

BLAPL/454/2025 · 2025-07-16

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Rasia @ Rasmikanta Mangaraj (In BLAPL No.454 of 2025) Rama @ Rama Chandra Das (In BLAPL No.963 of 2025) … Petitioners Mr. M.K. Chand, Advocate (for both the petitioners) -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.07.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two 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 Rajnagar PS Case No.395 of 2024 corresponding to GR Case No.532 of 2024 pending in the file of learned JMFC, Rajnagar, for commission of offences punishable U/Ss.103(2)/3(5) of BNS, on the allegation of committing murder of one Rashmi Ranjan Parida. 4. Heard, Mr. Manas Kumar Chand, learned counsel for both the petitioners and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the evidence of PWs.1 to 5. 5. Admittedly, PWs.1 and 2 are the witnesses to recovery, but they have not supported the prosecution case. Additionally, PW4-the informant has not whispered the name of the petitioners in his deposition. 6. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and on going through the materials placed on record and regard being had to the pre-trial detention of the petitioners in custody and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty, this Court without expressing any view on merits admits each of the petitioners to bail. 7. Hence, these two bail applications of the petitioners namely Rasia @ Rasmikanta Mangaraj in BLAPL No.454 of 2025 and Rama @ Rama Chandra Das in BLAPL No.963 of 2025 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety 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 is 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, (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 three(03) months from the actual date of their 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. Page 4 of 4 8. Accordingly, these BLAPL Nos.454 and 963 of 2025 stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer