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2025 DAILYLAW 3674 (ORI)

BRUSABHANU SINGH v. STATE OF ODISHA

BLAPL/13827/2025 · 2026-02-03

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13827 of 2025 Brusabhanu Singh … Petitioner 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) 03.02.2026 01. 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 petitioner for grant of bail in connection with Bheden PS Case No.32 of 2025 corresponding to CT Case No. 84/44 of 2025 (Arising out of CT Case No.34 of 2025) pending in the file of learned Addl. Sessions Judge, Bargarh, for commission of offences punishable U/S.103(1) of BNS, on the main allegation of committing murder of the deceased Prabhati Pradhan by running over her by the Tractor having cage wheels. 3. In the course of hearing, Mr.Rajesh Kumar Mahapatra, learned counsel for the petitioner submits that even if the materials on record are taken into consideration, no case U/s.103(1) of BNS would be attracted against the petitioner, rather at best a case U/S. 106(2) of BNS would be attracted against him and, therefore, the petitioner having detained in p. 2 custody for a substantial period, may kindly be granted bail. 3.1. On the other hand, Mr.S.C.Pradhan, learned Addl. PP by placing the statement of the witnesses prays to reject the bail application of the petitioner. 4. Admittedly, the bail application of the petitioner was earlier rejected by this Court on 20.09.2025 in BLAPL No. 6102 of 2025, but there is hardly any change in the circumstance, however, the allegation leveled against the petitioner is not only serious, but also grave and that apart, it is not proper to say whether the case is for offence U/s. 106(2) of BNS or U/S.103(1) of BNS at this stage. In such view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner and taking into account the statement of so called eye witnesses and keeping in view all the circumstances on record in entirety, this Court does not consider it proper to grant bail to the petitioner at this stage. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be communicated to the learned trial Court. (G. Satapathy) Judge kishore