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2025 DAILYLAW 5896 (ORI)

AJAY @ AJAY CHOUDHURY v. STATE OF ODISHA

BLAPL/13258/2025 · 2026-04-30

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.13258 of 2025 Ajay @ Ajay Choudhury … Petitioner Mr. B. Nayak, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 30.04.2026 02. IA No. 1145 of 2025 1. In view of the submission as advanced for the Petitioner, IA No. 1145 of 2025 stands disposed of as not pressed. BLAPL No. 13258 of 2025 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Sector-7 PS Case No.126 of 2021 corresponding to ST Case No.28/63 of 2022 pending in the Court of learned 2nd Addl. Sessions Judge, Rourkela for commission of offences punishable U/Ss. 302/201 of BNS, on the main allegation of committing murder of one Mana Nag by stabbing him, along with co-accused persons. 3. Heard, Mr. Biswait Nayak, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record together with the copy of deposition of PW1 to PW24. 4. Admittedly, co-accused Subrat Kumar Gochayat @ Raja in BLAPL No.3770 of 2022 and Bhola @ Akash Pradhan in BLAPL No.9574 of 2023 have already been granted bail by a co-ordinate Bench of this Court & co-accused Ranjan Naik @ Ranjan Kumar Naik & Bhawani Shankar Suna @ Bhabani Sankar Suna in BLAPL Nos. 4432 of 2025 & 12339 p. 2 of 2025 have already been granted bail by this Court, but the main allegation of stabbing the deceased is directed against the co-accused Bhola @ Akash Pradhan. Besides, the informant has already been examined in this case, but the trial is yet to be concluded even after 4 and ½ years custody of the Petitioner. Further, there is no direct evidence available against the petitioner. In that view of the matter and taking into consideration the custody period of the petitioner since 21.10.2021 with examination of material witnesses in the meantime and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial and taking into account the grant of bail to co-accused persons, this Court without expressing any view on merits admits the petitioner to bail. 5. 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 one solvent surety 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Priyajit