IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5252 of 2025 Hitesh Bag …. Petitioner Mr. S.K. Dwibedi, Advocate -Versus- State of Odisha …. Opposite Party Mr. A. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.06.2025 02. 1. Heard Mr. Dwibedi, learned counsel for the petitioner and Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.3591 of 2022 corresponding to S.T. Case No.31/40/37 of 2023-24 arising out of Khetrajpur P.S. Case No.260 of 2022 pending in the file of learned 2nd Additional Sessions Judge, Sambalpur on the grounds stated therein. 3. Mr. Dwibedi, learned counsel for the petitioner submits that three other co-accused persons are on bail vide BLAPL Nos.2271 of 2025 and 2274 of 2025 as at Annexure-3 series and considering the limited role of the petitioner, as revealed from the statement of the material witness, namely, Jugnu Barik recorded under Section 161 Cr.P.C., he should be allowed to go on bail like other accused persons. The further submission is that the above named witness has been examined during trial as P.W.3, who has turned hostile. Page 2 of 3 4. A copy of the deposition of P.W.3 is produced in Court by Mr. Dwibedi, learned counsel for the petitioner and upon perusal of the same, the Court finds that during investigation, he who claimed to have revealed extra-judicial confession made by one of the accused persons, namely, Pratap Suna has turned hostile and was examined under Section 154 of Indian Evidence Act. In course of such examination from the side of the prosecution, this Court further finds that only suggestions have been given to the said witness, namely, P.W.3. Mr. Dwibedi, learned counsel submits that there is no any evidence to connect the petitioner, especially when, above witness has not supported the prosecution case and therefore, he should be enlarged on bail like the co-accused persons. 5. Mr. Mohanty, learned ASC for the State, on the other hand, seriously objects to the release the petitioner on bail on the ground that all the accused persons conspired to kill the deceased and that apart, the trial is in progress. It is also submitted that in so far as the petitioner is concerned, he managed to bring the victim to the spot where the alleged assault was carried out. 6. On a reading of the statement of the witness, namely, Jugnu Barik examined as P.W.3, it is made to understand that the accused, namely, Pratap Suna had a grudge against the deceased for a past incident. It is also revealed that the petitioner was among the accused persons responsible for the alleged assault but the said witness did turn hostile denying any such extra-judicial confession to have been made before him by the accused, namely, Pratap Suna. On the basis of such evidence, even though, the trial is in progress, this Court allowed the co-accused persons, namely, Jitu Mahanand, Bishal Nikhndia and Anek @ Brajesh Bag to go on bail. Having regard to the above facts and the submission of Mr. Dwibedi, learned counsel for the respective parties and the materials on record and that the petitioner is more or less similarly situated like the co-accused persons and him having no direct grievance against the deceased, the Court is of the view that the petitioner should be released on bail with similar conditions. 7. Hence, it is ordered. 8. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.3591 of 2022 corresponding to S.T. Case No.31/40/37 of 2023-24 arising out of Khetrajpur P.S. Case No.260 of 2022 subject to him furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of learned 2nd Additional Sessions Judge, Sambalpur, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall deposit his passport, if has any, before the local police; he shall appear at the PS on every Sunday in between 10 A.M. to 1.00 P.M; he shall not indulge himself in any such similar criminal offence, while on bail; and he shall not tamper with evidence or intimidate the prosecution witnesses in any manner whatsoever after being released. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Vacation Judge