IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3963 of 2025 Mishra Kisan …. Petitioner Mr. A.K. Sahoo, Advocate -versus- State of Odisha …. Opp. Party Mr. P.S. Nayak, Addl. Government Advocate CORAM: JUSTICE S.K. SAHOO Order No. ORDER 09.05.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. This is an application under section 439 Cr.P.C. in connection with S.T. Case No.112 of 2023 arising out of Laimura P.S. Case No.31 of 2023 pending in the Court of learned Sessions Judge, Deogarh for offence punishable under section 302 of the Indian Penal Code. The petitioner moved an application for bail before the Court of learned Sessions Judge, Deogarh, which was rejected on 21.03.2025. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.06.2023 and he has been charge sheeted under section 302 of the Indian Penal Code. Learned counsel further submitted that the occurrence in question took place on 12.06.2023 and as per the eye witnesses’ account, the petitioner, who is the son of the deceased, during course of quarrel, assaulted the deceased by means of a lathi. Learned counsel further submitted that in the meantime, trial has commenced and two eye witnesses have been examined i.e. P.W.5 and P.W.6 and P.W.6 is the widow of the deceased, who is also the mother of the petitioner but both P.W.5 and P.W.6 have not supported the prosecution case and in view of the available materials on record, the bail application of the petitioner may be favourably considered. Learned counsel for the State on verifying the case diary so also the deposition of the witnesses, which are annexed to the bail application but one more eye witness Manful Kisan is yet to be examined. Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the surrounding circumstances under which the crime has taken place and the progress of the trial, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( S.K. Sahoo) Judge RKM