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2025 DAILYLAW 4784 (ORI)

BENGA @ PRATAP MOHANTY v. STATE OF ODISHA

BLAPL/9797/2025 · 2026-01-28

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Benga @ Pratap Mohanty (In BLAPL No.9797 of 2025) Pradipta Mohanty & Another (In BLAPL No.13567 of 2025) … Petitioners Mrs. S. Pasayat, Advocate (In BLAPL No. 9797 of 2025) Mr. B. Pujari, Advocate (In BLAPL No. 13567 of 2025) -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP Mr. G. Singh, Advocate (informant) (in BLAPL No. 9797 of 2025) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Mahanga P.S. Case No.236 of 2025 corresponding to G.R. Case No.357 of 2025 pending in the file of learned J.M.F.C., Mahanga, for commission of offence punishable U/Ss.296/115(2)/351(2)/ 118(2)/ 109(5)/ 3(5) of BNS, on the main allegation of assaulting p. 2 indiscriminately to Prasant Kumar Senapati, along with co-accused persons by using lethal weapons. 4. Heard, Mrs. Sudhashree Pasayat, learned counsel for the petitioner and Mr. Giridhari Singh, learned counsel for the informant in BLAPL No. 9797 of 2025, Mr. Basudev Pujari, learned counsel for the petitioner in BLAPL No. 13567 of 2025 and Mr. C. Mohanty, learned Addl. PP in these matters and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for indiscriminately assaulting the injured Prasant Kumar Senapati, who is found to have sustained four grievous injuries including fracture of right fibula. Besides, the petitioner Benga @ Pratap Mohanty is reported to be involved in four criminal cases in Mahanga P.S. Case No. 419 of 2023; Mahanga P.S. Case No. 66 of 2023; Mahanga P.S. Case No. 414 of 2024 & Mahanga P.S. Case No. 183 of 2025, whereas the petitioners Pradipta Mohanty and Dolagobinda Mohaty are reported to be involved in nine criminal cases. Further, none of the petitioners have disclosed their criminal antecedents in their respective bail applications. 6. In that view of the matter and taking into consideration the nature and gravity of offences as alleged against the petitioners vis-à-vis the allegations sought to be brought against them and regard being had to the materials collected in support p. 3 of the allegation against the petitioners and keeping in view the statement of eye witnesses and taking into account the other circumstances on record in entirety, this Court does not consider it proper to grant bail to any of the petitioners at this stage. 7. Hence, these two bail applications of the petitioners namely Benga @ Pratap Mohanty (BLAPL No. 9797 of 2025), Pradipta Mohanty & Dolagobinda Mohanty (BLAPL No. 13567 of 2025) stand rejected. Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately transmitted to the Court in seisin over the matter for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer