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2025 DAILYLAW 3793 (ORI)

GANESH MARTHA v. STATE OF ODISHA

BLAPL/12053/2025 · 2026-02-02

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12053 of 2025 Ganesh Martha … Petitioner Mr. A. Mishra, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 02.02.2026 04. 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 Gadisagada (Jodapadar) PS Case No.89 of 2025 corresponding to ST Case No.09/605 of 2025 (GR Case No.181 of 2025) pending in the file of learned 1st Additional Sessions Judge, Puri, for commission of offences punishable U/Ss.191(2)/191(3)/103(2)/61(2)/249(a)/190 of BNS, on the main allegation of assaulting the deceased Pratap Sundaray to death, along with co-accused persons by using lethal weapons. 3. Heard, Mr. Ajeetabh Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in p. 2 custody since 26.05.2025 with submission of charge- sheet in the meantime and taking into account the other circumstances on record in entirety including the FIR being not registered against the present petitioner and keeping in view the main allegation of dealing the deceased by means of sharp cutting weapon being directed against co-accused Hemanta Bhujabal, Kapi Martha and Goura Baliarsingh and no specific overt act having attributed against the petitioner, this Court without expressing any view on merits admits the petitioner to bail. 5. 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 contact the informant or his family members. The petitioner shall not visit to the house or village of the informant till disposal of the case, (ii) the petitioner 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer