IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12520 of 2024 Tofan Behera … Petitioner Mr. A.N. Samantaray, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 19.06.2025 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Pipili P.S. Case No.175 of 2017 corresponding to S.T. Case No.4/26 of 2021 pending in the file of learned 2nd Addl. District & Sessions Judge, Puri, for commission of offences punishable U/Ss.147/148/341/323/294/302/506/149 of IPC, on the main allegation of assaulting the deceased Chinmaya Sahoo to death by means of different sharp cutting weapon along with co-accused persons. 3. Heard, Mr. Anugraha Narayan Samantaray, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. Mr. Samantaray at the outset informs this Court that this is the 2nd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. 4. It is brought out from the record that the present petitioner has been detained in custody since 21.01.2020, but the trial is yet to be concluded and the status report submitted by the learned trial Court reveals that only 12 out of 19 charge sheeted witnesses have been examined as on 12.02.2025, but the right to speedy trial is the fundamental right of an accused as guaranteed under Article 21 of the Constitution of India. Further, in this case, some of the co-accused persons have already been granted bail. It is also not in dispute that the material witnesses have already been examined in the trial. 5. For the reasons stated hereinabove and taking into account the long custody of the petitioner, this Court without expressing any view on merits, admits the petitioner to bail. 6. 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 with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNSS in accordance with law and (iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer