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2025 DAILYLAW 4980 (ORI)

HARI KHARA v. STATE OF ODISHA

BLAPL/13927/2025 · 2026-02-04

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13927 of 2025 Hari Khara … Petitioner Mr. A.P. Bose, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 04.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Baipariguda PS Case No. 145 of 2023 corresponding to CT Case No.100 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Jeypore for commission of offences punishable U/Ss. 302/323/34 of IPC, on the main allegation of assaulting the deceased to death by means of an axe, along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Amit Prasad Bose, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. 4. No doubt, bail has been sought for to the Petitioner on the ground of parity for grant of bail to co- accused persons, but co-accused Arjun Khara, Adu p. 2 Khilla & Damburu Khara have been granted bail because there is no specific allegation against them for assaulting the deceased by means of an axe, however, there is specific allegation against the present Petitioner for assaulting the deceased to death by means of an axe as per the statement of informant-eye witness- Manguli Khara. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-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 keeping in view the other circumstances on record in entirety, this Court is not inclined to grant bail to the Petitioner. Hence, the bail application of the petitioner stands rejected. Looking at the custody period of the Petitioner, trial be expedited, if there is no other legal impediment. 5. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court. (G. Satapathy) Judge Priyajit