Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6330 of 2025
Kunmun @ Biswaranjan Puhan … Petitioner
Mr. Sk. Zafarulla, Advocate
-versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 19.08.2025
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS, 2023 by the petitioner for grant of bail in connection with Soro P.S. Case No.162 of 2025 corresponding to C.T. Case No.289 of 2025 pending in the file of learned J.M.F.C., Soro, for commission of offences punishable U/S.103(1) of BNS, on the allegation of committing murder of the deceased Jyotirmayee Rana by slitting her throat through a knife.
3. Heard, Mr. Sk. Zafarulla, learned counsel for the Petitioner and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.
4. It is, however, vehemently argued by Mr. Zarafulla that the item of evidence as available against the petitioner are, the photo of the petitioner captured in the CCTV and the recovery of the knife,
but in strict sense since the statement of the petitioner was recorded U/S.180 of BNS five days prior to the disclosure statement, the recovery itself is not convincing and cannot be relied upon to find out the guilt of the accused-petitioner and therefore, the petitioner having detained in custody with the aid of inadmissible and irrelevant materials, may kindly be granted bail.
5. It is no doubt advanced by Mr. Zafarulla criticizing the manner and circumstance of recording of statement of the petitioner, but that per se will not render the case vitiated because in a criminal trial, the quest for finding out truth is based on evidence to be led by the prosecution. In this case, the prosecution also relies upon the CCTV footage in which the petitioner is allegedly found to have going towards the house of the deceased on the relevant day. In such view of the matter and after having considered the rival submissions and taking into
consideration the nature and gravity of offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and on going through the materials placed on record and regard being had to the recovery of the knife (the weapon of offence) pursuant to the disclosure statement of the petitioner and taking into account the other circumstance on record cumulatively, this Court does not feel it proper to grant bail to the
petitioner at this stage, especially when the trial is yet to commence.
Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands
disposed of.
6. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer