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2025 DAILYLAW 157 (ORI)

SANJAYA ROUTA @ RAUT v. STATE OF ODISHA

BLAPL/8219/2025 · 2026-03-05

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Sanjaya Routa @ Raut (In BLAPL No.8219 of 2025) Bhramara Pandi (In BLAPL No.13437 of 2025) Sangram Keshari Parida @ Sangram Parida (In BLAPL No.1044 of 2026) … Petitioners Mr. J. Katikia, Advocate (in BLAPL No.8219 of 2025) Mr. J. Sahoo, Advocate (in BLAPL Nos.13437 of 2025 & 1044 of 2026) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP Mr. B.K. Ragada, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 05.03.2026 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three 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 Kodala PS Case No.482 of 2023 corresponding to Sessions Trial No.38 of 2024 (GR Case No.395 of 2023) pending in the file of learned Additional District & Sessions Judge, Kodala, for commission of offences punishable U/S.364/ 201/ 302/ 120-B/ 212/ 34 of IPC r/w Sections 25(1- p. 2 B)(a)/25(1-B)(b) of Arms Act, on the main allegation of abducting the deceased Dipu Patra and committing his murder by assaulting him with deadly weapons, along with co-accused persons pursuant to a conspiracy and causing disappearance of evidence by throwing the dead body in another place in furtherance of their common intention. 4. Heard, Mr. Janmejaya Katikia, learned counsel for the petitioner in BLAPL No.8219 of 2025; Mr. Jyotirmaya Sahoo, learned counsel for the petitioners in BLAPL Nos.13437 of 2025 & 1044 of 2026; Mr. Bijaya Kumar Ragada, learned counsel for the informant and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for abducting and committing murder of the deceased, but the trial is yet to be concluded even after two and half years of the custody of the petitioners and only 14 witnesses have been examined in the interregnum. Further, material witnesses like Bhagaban Parida has refused to receive summon as per the order-sheet produced by the learned counsel for the petitioner-Sanjaya Routa, but the trial Court has not taken any coercive steps for examination of said witness Bhagaban Parida. Besides, material witness like Rudra Patra and the informant have already been examined and only independent witnesses Sambhu Khuntia and Satya Patra are yet to be examined, however, as per the aforesaid order-sheet, the witness Sambhu Khuntia is staying at Surat and there is remote p. 3 possibility of his examination very soon in the trial. Further, it is brought to the notice of the Court that the witness Satya Patra is having some criminal antecedents and thereby, he is not appearing to depose evidence. Besides, this Court however, does not doubt the steps taken by the learned trial Court to examine the material witnesses, but its effort remains in vain. In a criminal trial, an accused cannot be kept in confinement on the expectation of trial would complete on one day and thereby, the liberty as guaranteed under Article 21 of the Constitution of India militates everyday custody of the petitioners. In the aforesaid situation as to when the material witness like Sambhu Khuntia, Satya Patra and Bhagaban Parida would be examined would still be a guess, but the petitioners cannot be kept in confinement for years together on the expectation that one day the witnesses would be examined. Further co-accused Bholanath Nahak @ Bholanath @ Bhola Nahak in BLAPL No.13101 of 2024 & Rakesh Nayak @ Babulu in BLAPL No.8490 of 2024 have already been granted bail by this Court. In the aforesaid facts and situation and taking into account the pre-trial detention of the petitioners in custody and trial being not likely to be concluded in near future, this Court without expressing any view on merit admit each of the petitioners to bail. 7. Hence, the bail applications of the petitioners namely Sanjaya Routa @ Raut in BLAPL No.8219 of 2025; Bhramara Pandi in BLAPL No.13437 of 2025 and Sangram Keshari Parida @ Sangram Parida in BLAPL No.1044 of p. 4 2026 stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his 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, (ii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission; (iii) the petitioners shall not threaten or contact the witnesses- Sambhu Khuntia and Satya Patra. 8. Accordingly, the BLAPL Nos.8219 & 13437 of 2025 and 1044 of 2026 stand disposed of. 9. Issue urgent certified copy of the order as per Rules. 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 Jayakrushna