p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.35 of 2025 1. Sudarshan Dash @ Gunthia 2. Sambhunath Dash @ Sambhu 3. Hemanta Kumar Das @ Bulu …. Petitioners Mr. Sudeep Kumar Sarangi, Advocate -versus- State of Odisha …. Opp. Party Mr. Aurobinda Mohanty, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 07.01.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State. This is an application for bail under section 483 of BNSS in connection with Dhauli P.S. Case No.166 of 2024 corresponding to C.T. Case No.226 of 2024 pending in the file of learned Addl. Sessions Judge (L.R. & L.T.V.), Bhubaneswar for alleged commission of offences under sections 105/126/118(1)/296(a)/ p. 2 351(2)/ 3(5) of BNS. The prayer for bail of the petitioners was rejected by the learned learned Addl. Sessions Judge (L.R. & L.T.V.), Bhubaneswar vide order dated 11.12.2024. Learned counsel for the petitioners has filed the xerox copy of the F.I.R., charge sheet and other documents, which are taken on record. Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 03.08.2024 and they have been charge sheeted for the offences under sections 105/126/118(1)/296(a)/ 351(2)/3(5) of BNS and the eye witness account of Pramod Kumar Dash @ Pama would indicate that the occurrence in question took place on 15.07.2024 and the deceased Rakesh Pradhan and one Bula Sahoo came to his hardware shop taking liquor and while they were talking among themselves in loud voice, at that time, the petitioner no.2 Sambhunath Dash @ Sambhu came there and during course of their talking, altercation took place between the petitioner no.2 and the deceased Rakesh Pradhan and the petitioner no.2 assaulted the deceased for which the deceased fell down on the road and subsequently, other petitioners came there and they also participated in the push and pull with the deceased. Learned counsel further submitted that the first p. 3 information report was lodged by one Basanti Pradhan, the mother of the deceased on 18.07.2024 and the case was registered under section 127(1)/118(1)/3(5) of the BNS and while the deceased was under treatment, he died on 26.07.2024 and the post mortem report indicates that the cause of death was due to septicemia and shock. Learned counsel for the petitioners argued that taking into account the surrounding circumstances under which the offence alleged to have been taken place and the investigation has already been concluded and further taking into account the period of detention of the petitioners in judicial custody, the bail application of the petitioners may be favourably considered. Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the statement of Bibhuti Bhusan Sahoo @ Bula and Pramod Kumar Dash @ Pama as well as the post mortem report. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the surrounding circumstances under which the occurrence took place, the post mortem report finding and the time gap between the date of occurrence and lodging of the F.I.R., I am inclined to release the petitioners on bail. p. 4 Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioners shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge Sipun Designation: Senior Stenographer