Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.675 of 2025 Tapan Bisoyi @ Bishoi ..... Petitioner Represented By Adv. - Jagannath Bhuyan -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr. G. Mohanty, SC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 04.02.2025 Order No. 1. 1. This matter is taken up through hybrid mode. 2. The bail application under Section 483 of the BNSS 2023 filed by the petitioner has been arisen out of S.T. No.95 of 2024 in connection with Tikabali P.S. Case No.107 of 2024 pending before the learned Addl. District and Sessions Judge, Balliguda, Kandhamala is taken up into consideration. 3. Heard from the learned counsel for the petitioner and the learned SC for the State. 4. The petitioner along with his other co-accused persons i.e. Gopi Kishan Mallick @ Kisan, Gourab @ Gouraba, Dinesh Bisoi @ Ajaya, Lipun @ Guru Sankar Amatya & Budsura @ Tarani Amatya have been charge-sheeted under Sections 103(2)/109/191/192 of the BNS, 2023 on the allegation of commission of murder of Basanta Page 2 of 4. Dalabehera and attempting to commit murder of Pintu Kuanr and Laxmikanta Rana. 5. As per the case of the prosecution, on dated 04.07.2024 night at about 10.30 pm, the petitioner along with his other co-accused persons moved near the house of one Santosh Nayak and called him from his house and abused him in obscene languages and assaulted him and when after seeing the same, Basanta Dalabehera, Laxmikanta Rana, Pintu Kuanr and Tutu Bindhani came for the rescue of Santosh Nayak, the petitioner along with his other co- accused persons assaulted them and by the result of such assault, Basanta Dalabehera fell down on the ground and when some time thereafter, Basanta Dalabehera rised up from the ground, then, the petitioner brought out a knife and stabbed through that knife on his belly and by the result of such stabbing, Basanta Dalabehera sustained injury and then, he (Basanta Dalabehera) was shifted to the hospital, but on its next day, he (Basanta Dalabehera) expired being succumbed to his injury. Thereafter, F.I.R. was lodged and case was registered, and investigation was started. 6. During investigation, the petitioner was arrested on dated 05.07.2024 along with his co-accused i.e. Manas Amat and then, his other co-accused persons were arrested on dated 07.07.2024. 7. The learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the other co-accused persons i.e. Gopi Kishan Mallick @ Kisan, Gourab @ Gouraba, Dinesh Bisoi @ Ajaya, Lipun @ Guru Sankar Amatya & Budsura @ Tarani Amatya those have been charged with the self-same offences like the petitioner have already been allowed to go on bail vide Order dated 16.12.2024 passed in BLAPL Page 3 of 4. Nos.10614,10891,10850,10981 and 10993 of 2024, for which, the bail application of the petitioner is required to be considered liberally because, the petitioner is in jail custody for about 7 months and his presence during trial is not unsecured, because, he is a local man. To which, the learned SC for the State vehemently objected contending that, the petitioner is the principal culprit of the alleged incident, because, the death of the deceased is the outcome of the stabbing made by the petitioner, for which, he (petitioner) should not be allowed to go on bail. 8. It is very fundamental in law that, the object of bail is to secure the attendance of the accused during trial. 9. When the aforesaid 5 co-accused persons of the petitioner those have been charge-sheeted with similar offences like the petitioner having been implicated with similar accusations and allegations have already been allowed to go on bail and when the petitioner is in jail custody for about more than 7 months and when during the staying of the Petitioner inside the jail, the investigation of the case has already been completed and when the presence of the Petitioner before the Investigating Officer for the purpose of any further investigation may not be required due to submission of charge-sheet and when the presence of the Petitioner during trial is not unsecured, as he is the local man having his house and homestead under the jurisdiction of Tikaballi Police Station in the District of Kandhamal, then, at this juncture, by taking the above factors into account, instead of rejecting the prayer for bail of the petitioner, it is felt proper to allow him (petitioner) to go on bail with stringent conditions like this other co-accused persons. 10. Hence, the bail application filed by the petitioner is allowed. Page 4 of 4. 11. He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :- (i) he (petitioner) shall not involve with similar nature of crime in future; (ii) he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant, injureds, their family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case; (iii) he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court. 12. Accordingly, the bail application filed by the petitioner is disposed of finally. 13. Grant certified copy of this order to the petitioner on proper application. ( ANANDA CHANDRA BEHERA) Judge Rati Ranjan Designation: Senior Stenographer Location: High Court of Orissa, Cuttack, India.