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2025 DAILYLAW 5115 (ORI)

GURUPADA GAEN @ GAYAN v. STATE OF ODISHA

BLAPL/11327/2025 · 2026-02-11

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11327 of 2025 Gurupada Gaen @ Gayan … Petitioner Mr. A. Das, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Naikanidihi P.S. Case No.238 of 2024 corresponding to S.T. Case No. 79 of 2025 (G.R. Case No.1198 of 2024) pending in the Court of learned Addl. Sessions Judge, Bhadrak, for commission of offence punishable U/Ss.103(1)/238(a) of BNS, on the main allegation of committing double murder of his wife and mother-in-law by assaulting them with a handle of spade and subsequently, burring the dead body and cutting the dead body of his wife with a knife to cause disappearance of evidence. 3. Heard Mr. Apurba Das, learned counsel for the petitioner appearing virtually and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing double murder, but it is advanced for the petitioner that the witnesses so far examined have not supported the prosecution allegation against the petitioner, however, the prosecution case rest on circumstantial evidence and the trial has just begun, but one of the important circumstances against the petitioner is leading to recovery pursuant to his disclosure statement. One of the witnesses to the disclosure statement has already been examined, but he has not supported the prosecution case, however, other witness to the disclosure statement namely Chandan Patra is yet to be examined. 5. In the aforesaid facts and circumstances 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 materials collected in support of the allegation against the petitioner and keeping in view the brutality exhibited in accomplishing the crime and last but not the least, applying the law laid down by the Apex Court in X vs. State of Rajasthan; (2024) SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner at this stage. Hence the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands 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