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2025 DAILYLAW 83230 (ORI)

NAMA @ RAMA BISHOYI v. STATE OF ODISHA

BLAPL/8203/2025 · 2025-11-26

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8203 of 2025 Nama @ Rama Bishoyi … Petitioner Mr. A. Das, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 26.11.2025 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 Mohana PS Case No.41 of 2011 corresponding to ST Case No.43 of 2025 (GR Case No.112(A) of 2011) pending in the file of learned District & Sessions Judge- cum-Special Judge, Gajapati, Parlakhemundi, for commission of offences punishable U/Ss.147/ 148/ 302/ 436/ 149 of IPC, on the main allegation of committing murder of one Brahman Singh Pradhan. 3. In the course of hearing, Mr. Ashok Das, learned counsel for the petitioner submits that there is no eye witness to the occurrence and the implication of the petitioner in this case is on the basis of confession of co- accused, which is inadmissible in the eye of law and, therefore, the petitioner may kindly be granted bail. p. 2 3.1. On the other hand, Mr. P. Satpathy, learned Additional Public Prosecutor while opposing the bail application prays to reject the bail application of the petitioner. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing murder of one Brahman Singh Pradhan, but it is not disputed that the case was registered in the year 2011 and the petitioner was arrested only in the year 2025 and that too, on the strength of a NBWA issued against him. The paramount consideration in granting bail is securing attendance of the accused at the trial, but the conduct of the petitioner in avoiding the process of law for long 15 years itself does not justify grant of bail to him. In such view of the matter and taking into account the long abscondance of the petitioner, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. It is, however, open to the petitioner to renew his prayer for bail after examination of some of the witnesses. 6. Accordingly, the BLAPL stands disposed of. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer