p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12946 of 2024 Badal Swain … Petitioner Mr. D.R. Parida, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 31.01.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khurda Model PS Case No.508 of 2022 corresponding to ST Case No.55 of 2024 (GR Case No.1689 of 2022) pending in the file of learned 2nd Addl. Sessions Judge, Khurda, for commission of offences punishable under Sections 302/201/506 of IPC, on the allegation of committing murder of his friend namely Dipu @ Ramakrushna Padhi and causing disappearance of evidence to screen himself from the legal punishment. 3. In the course of hearing, Mr. Deepak Ranjan Parida, learned counsel for the petitioner by filing the certified copy of depositions of PWs.1 and 2, which are taken on record, submits that there is no direct evidence against the petitioner, but the incriminating p. 2 material against the petitioner being in the nature of recovery of knife and last seen theory and witnesses to such incriminating circumstance having already examined and not supporting the prosecution case, the petitioner’s detention in custody is unwarranted and, therefore, petitioner may kindly be granted bail. 4. On the other hand, Mr. R.B. Mishra, learned Additional Public Prosecutor, however, opposing the prayer of the petitioner for bail submits that the material witnesses are yet to be examined and, therefore, the bail application of the petitioner may kindly be rejected. 5. After having considered the rival submissions 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 the impact of the crime on the society and keeping in view the mode and manner of implication of the petitioner in this case and regard being had to the recovery of knife pursuant to the disclosure statement of the petitioner and taking into account the motive behind the crime and the affirmative opinion of the doctor to the query of the IO about the possibility of the injuries inflicted on the deceased by the recovered knife and taking into account the further fact that the recovery of knife at the instance of the petitioner can be established by other evidence and the law laid down by the Apex Court in X Vrs. State of Rajasthan and p. 3 another [Special Leave Petition(Criminal) No. 13378 of 2024] disposed of on 27.11.2024, this Court is not inclined to grant bail to the petitioner. Hence, the bail application of the petitioner stands rejected. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer