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2025 DAILYLAW 73835 (ORI)

SOMANATH BEHERA v. STATE OF ODISHA

BLAPL/10978/2025 · 2025-11-18

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Somanath Behera (In BLAPL No.10978 of 2025) Rohan Ranjan Rout (In BLAPL No. 11066 of 2025) Sandeep Kumar Naskar (In BLAPL No. 11117 of 2025) … Petitioners Mr. S.K. Das, Advocate (In BLAPL No. 10978 of 2025) Mr. P.S. Das, Advocate (In BLAPL No. 11066 of 2025) Mr. B.L. Mohapatra, Advocate (In BLAPL No. 11117 of 2025) -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.11.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with CT Case No. 1382 of 2025 arising out of Khandagiri PS Case No. 552 of 2025 pending in the file of learned JMFC-V, Bhubaneswar for commission of p. 2 offences punishable U/Ss. 106(1)/125(a)/125(b)/105 of BNS, on the main allegation of causing death by negligence and committing culpable homicide not amounting murder in the incident in which the Mahindra Thar and Scoropio vehicles were running rash and negligently risking the life of the pedestrians and ultimately the Thar vehicle dashing and running over the pedestrians resulting in death of two persons and injury to one person. 4. Heard, Mr. Sanjaya Kumar Das, learned counsel for the Petitioner in BLAPL No. 10978 of 2025; Mr. Partha Sarathi Das, learned counsel for the Petitioner in BLAPL No. 11066 of 2025; Mr. Mr. Bidya Lok Mohapatra, learned counsel for the Petitioner in BLAPL No. 11117 of 2025 and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions upon perusal of the record, there appears allegation against the Petitioner-Somanath Behera in BLAPL No. 10978 of 2025 is for driving the Mahindra Thar vehicle in a rash and negligent manner and moving in a zig-zag manner without allowing any other vehicle to pass it resulting in running over two persons causing their death and injuring one person, whereas the allegation against the Petitioner-Sandeep Kumar Naskar in BLAPL No. 11117 of 2025 is for providing shelter to co- accused and the allegation against the Petitioner-Rohan p. 3 Ranjan Rout in BLAPL No. 11066 of 2025 for sitting in Scorpio Vehicle. In such view of the matter and taking into consideration the nature and gravity of the offence as alleged against the Petitioners vis-à-vis the accusation sought to be brought against them and taking into account the materials so far collected in this case and keeping in view the driving of the vehicle in rash and negligent manner and making a competition with each other and the main allegation of running the deceased persons by Mahindra Thar Vehicle being driven rash and negligent being directed against Petitioner-Somanath Behera and further taking into account grant of bail to co-accused Krushna Chandra Pradhan, Soham Raj Tripathy @ Lipun and Ankit Shaw in BLAPL Nos. 9213, 9377 and 9963 of 2025, this Court while not being inclined to grant bail to the petitioner Somanath Behera in BLAPL No. 10978 of 2025 at this stage, considers it proper to admit the petitioners Rohan Ranjan Rout and Sandeep Kumar Naskar to bail. 6. Hence, these two bail applications of the petitioners namely Rohan Ranjan Rout and Sandeep Kumar Naskar in BLAPL Nos. 11066 and 11117 of 2025 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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. Page 4 of 4 7. Accordingly, these BLAPL Nos. 10978, 11066 and 11117 of 2025 stand disposed of. It is, however, open to the Petitioner-Somanath Behera to renew his prayer for bail after examination of some of the witnesses or if the trial does not commence within one month hence. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit