p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5793 of 2025 Sushili Majhi … Petitioner Mr. J. Mohapatra, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satapathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 30.06.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Baripada Sadar PS Case No.37 of 2024 arising out of ST Case No.178 of 2024 pending in the Court of learned 2nd Addl. Sessions Judge, Baripada, Mayurbhaj for commission of offences punishable U/Ss. 302/34 of IPC, on the main allegation of committing murder of one Siba Sankar Mohanta. 3. Heard, Mr. Jayakrishna Mohapatra, learned counsel for the petitioner and Mr. P. Satapathy, learned Additional Public Prosecutor in the matter and perused the record. 4. The Petitioner renews his prayer for bail after examination of witnesses Tipu Majhi, Hambir Singh and Asish Soren, since liberty was granted to him in BLAPL No. 4857 of 2024 to renew his prayer for bail after p. 2 examination of these three witnesses in the trial, but the said witnesses have already been examined and they have not supported the prosecution case at all. The main item of evidence available against the Petitioner is the last seen theory, but the witness to last seen theory are the above witnesses. 5. In view of the above fact and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the mode and manner of the implication of the present Petitioner and his custody period, this Court without expressing any view on merits, admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is 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 petitioner shall not commit any offence while on bail, (ii) the petitioner 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 Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned p. 3 trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court and (iv) the petitioner 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 six (06) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner 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 petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit