Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12132 of 2025
Ramkrushna Mirdha and another
… Petitioners
Mr. R.K. Mahapatra, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 27.01.2026
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Ambabhona PS Case No.97 of 2025 corresponding to CT Case No.136/67 of 2025 (CT Case No.685 of 2025) pending in the file of learned Additional Sessions Judge, Bargarh, for commission of offences punishable U/Ss.103(1)/238(a)/3(5) of BNS, on the main allegation of committing murder of the deceased Srimanta Mirdha by assaulting him with bamboo stick and split wood and causing disappearance of evidence in furtherance of their common intention. 3. Heard, Mr. Rajesh Kumar Mahapatra, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. Page 2 of 3
4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for assaulting the deceased by means of split wood and bamboo stick, but the IO in the charge- sheet has noted that at the time of occurrence, there was assault and counter assault and the petitioner Ramkrushna Mirdha has sustained one grievous injury and five simple injuries on his body and the petitioner Nityananda Bariha has sustained two simple injuries. The materials on record also reveals about land dispute between the petitioners and the deceased. In the aforesaid facts and circumstance keeping in view the pre trial detention of the petitioners in custody since 01.06.2025 with submission of charge-sheet in the meantime and taking into account the mode and circumstance of implication of the petitioners in this case and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits each of the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each 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 contact the informant or his family members.
The p. 3 petitioners shall not visit to the house or village of the informant till disposal of the case,
(ii) the petitioners shall not threaten, induce, influence or coerce any of the witnesses including the family members of the informant acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court,
(iii) the petitioners shall not visit to the disputed land and
(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 release from the custody. 6. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge Subhasmita