Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9997 of 2025
Sukesh Kisan
… Petitioner
Mr. D.K. Jain, Advocate
-versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 29.01.2026
03.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS by the Petitioner for grant of bail in connection with Jharsuguda PS Case No.631 of 2022 arising out of CT(session) Case No.01 of 2023, pending in the Court of learned Addl. Sessions Judge, Jharsuguda, for commission of offences punishable U/S.302 of IPC, on the allegation of committing murder of the deceased Usha Pradhan by smashing a stone on her head.
3. Heard, Mr. Dinesh Kumar Jain, learned counsel for the Petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record.
4. This is the successive bail application of the petitioner after examination of the witnesses Naresh Sahu, Hala Pradhan, Sabitri Kisan & Rupan Pradhan, but none of these witnesses has ever supported the prosecution allegation against the petitioner in their evidence, however, this Court has refused bail to the
petitioner on earlier occasion for awaiting examination of these witnesses and seizure of CCTV footage containing the incident. In the meantime, the witness Sudarshan Pradhan has already been examined as PW.7 and he has stated about the seizure of CCTV footage containing the incident, however, he has not referred the name of the petitioner in the crime in his evidence. In the aforesaid facts and situation, especially when material witnesses have already been examined and there being little apprehension of tampering of prosecution evidence of material witnesses and keeping in view the other circumstances on record in entirety including the pre-trial detention of the petitioner in custody since 30.10.2022 and last but not the least, taking into account the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail.
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 two solvent sureties each 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
5. Accordingly, the BLAPL stands disposed of.
(G. Satapathy)
Judge
Jayakrushna