Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2441 of 2025
Padu Paik @ Sanju Poyam … Petitioner
Mr. U. Barik, Advocate -versus-
State of Orissa … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
06.11.2025
05.
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 Jharigaon PS Case No.41 of 2024 corresponding to CT Case No.32 of 2024 pending in the file of learned Additional District & Sessions Judge, Umerkote, for commission of offences punishable U/S.302 of IPC, on the main allegation of committing murder of the deceased by giving fist blows and slaps by sitting over his chest.
3. Heard, Mr. Umakanta Barik, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record including the copy of depositions of PWs.1 to 7 as supplied.
4. Admittedly, the petitioner is in custody since 22.02.2024, but the main allegation against the
petitioner is for giving slaps and fist blows to the deceased by sitting over his chest, however, the witnesses so far examined PWs.1 to 6 have not supported the prosecution allegation against the petitioner. The doctor-PW7, however, opined the death of the deceased to be homicidal in nature. In such view of the matter and after having considered the rival
submissions and taking into account the nature of allegation raised against the petitioner and keeping in view the fact that no weapon having been used in the commission of crime and taking into account the other circumstances on record in entirety including the right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail.
5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety 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.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
Subhasmita
Designation: Jr. Stenographer