p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9288 of 2025 Jagannath Dhurua …. Petitioner(s) Mr. Biswaranjan Dalai, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Subhalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.09.2025 01. 1. Heard. 2. The petitioner is an accused in connection with Jharsuguda P.S. Case No.644 of 2019 corresponding to C.T. Case No.09 of 2020 registered on the allegation of the commission of offences under Sections 302/201/34 of I.P.C. pending in the Court of the learned Additional Sessions Judge, Jharsuguda. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 20.08.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other p. 2 bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case in short is that, on 07.10.2019 at about 8.30 P.M., the informant lodged a written report before the I.I.C., Jharsuguda P.S. inter alia alleging therein that on 06.10.2019 at about 7.00 P.M., his elder brother Gunasagar Das had been to village Sarasmal but did not return. The informant along with other family members thought that he might have gone to witness Durga Puja. It is further alleged that on 07.10.2019, the informant came to know from one Sahadev of Pudhamal that his elder brother’s dead body was lying in the field near Durga rice mill. After getting such information, when the informant went to the spot, he found that some unknown persons committed murder of his elder brother by means of sharp edge weapon. Hence, this case. 6. The trial of the present case is proceeding at an expected pace. The petitioner is in custody since 16.10.2019. Out of total thirty-two cited witnesses in the charge-sheet, twenty-three witnesses have already been examined. There is no eye witness in the present case. The case is based on circumstantial evidence. The F.I.R. was registered against unknown persons. The present petitioner has been implicated on the basis that he was lastly seen in the company of the deceased. One of the co-accused namely p. 3 Chandra Mohan Kujur had approached this Court by filing BLAPL No.3174 of 2021. The coordinate Bench of this Court vide order dated 07.09.2021 has admitted the said co-accused on bail. The case of the co-accused cited by the prosecution is exactly similar to that of the present petitioner. Therefore, the petitioner seeks bail on parity. 7. Regard being had to the period of custody from 16.10.2019 and the fact that there is no direct evidence against the petitioner; I am inclined to enlarge the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall appear before the trial Court on each date of hearing without fail. If the petitioner remains absent on any unreasonable ground, the concession of bail granted by this Court shall be immediately withdrawn. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall not tamper with the evidence in any manner whatsoever. Page 4 of 4 Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer