Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 80666 (ORI)

PADMAN SANTA @ SAIBA v. STATE OF ODISHA

BLAPL/13187/2025 · 2025-12-19

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13187 of 2025 Padman Santa @ Saiba and another …. Petitioners Mr. T.K. Mishra, Advocate -Versus- State of Orissa …. Opposite Party Mr. P.K. Sahoo, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.12.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with G.R. Case No.159 of 2025 pending in the file of learned J.M.F.C., Jharigaon corresponding to Jharigaon P.S. Case No.163 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1 and also rejection order i.e. Annexure-2. 4. A copy of the chargesheet is produced by Mr. Mishra, learned counsel for the petitioners and on perusal of the same, the Court finds that an offence under Section 108 BNSS is made out as per the investigation concluded by the local police. It is further submitted that dead body of the deceased was recovered but it is found not to be a case of homicidal death. It is claimed that the deceased had relationship with the daughter of petitioner No.1 and thereafter, disappeared and ultimately his skeleton was recovered. Initially a case under Section 103 BNSS was registered, however, in view of the chargesheet filed, it has turned to one under Section 108 BNSS besides an offence under Section 308 BNSS alleging extortion. In view of the above and upon closure of investigation in so far as the petitioners are concerned with the filing of the preliminary chargesheet, the Court is of the view that both of them, who are in custody from 16th October, 2025 should be allowed to go on bail with following conditions. 5. Accordingly, it is ordered. 6. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to be released on bail in connection with G.R. Case No.159 of 2025 arising out of Jharigaon P.S. Case No.163 of 2025 subject to them furnishing bail bonds of Rs.40,000/-(rupees forty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned J.M.F.C., Jharigaon, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not influence any of the material witnesses while on bail and co-operate the IO in the further investigation, if pending at present. 7. The BLAPL is disposed of. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU