Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13312 of 2025
Iswar Sunani … Petitioner Mr. G.C. Swain, Advocate -versus-
State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
09.02.2026
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sinapali P.S. Case No. 130 of 2025 corresponding to C.T. Case No. 130 of 2025, pending in the file of learned Addl. District & Sessions Judge, Khariar, for commission of offences punishable U/Ss.103(1)/283/61(2)/3(5) of BNS, on the main allegation of committing murder of Lagania Sunani by strangulating him, along with co-accused persons in furtherance of their common intention. 3. In the course of hearing, Gyanendra Chandra Swain, learned counsel for the petitioner submits that the implication of the petitioner is only on the basis of statement of co-accused which is inadmissible in the eye of law and, therefore, the petitioner may kindly be granted bail. On the other hand, Mr. S.C. Pradhan, learned Addl. PP. vehemently opposes the bail application of the petitioner by contending inter alia that the petitioner and others have committed the offence and, therefore, the bail application of the petitioner may kindly be rejected. Page 2 of 2
4. After having considered the rival submission upon perusal of record, it appears that the case is based on circumstantial evidence and the implication of the petitioner is on the basis of statement of co-accused before police. Further, no other material has been brought on record against the petitioner. In the meantime, charge sheet has already been submitted. In such view of the matter and taking into account the mode and manner of implication of the present petitioner in this case keeping in view the materials collected in this case and there being nothing brought on record to indicate about abscondance of the petitioner in case of grant of bail to him and keeping in view the other circumstance on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and grant of bail to co-accused Sagar Sunani by this Court in BLAPL No.7158 of 2025, this Court without expressing any view on merits, admits the petitioner to bail. 5.
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.25,000/- (Rupees Twenty- five Thousand) only with two solvent sureties 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. (G. Satapathy)
Judge
Jayakrushna