Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12640 of 2025
Sarmistha Rout … Petitioner
Mr. K. Sethi proxy counsel appearing on behalf of Mr. B.S. Dasparida, Advocate
-versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 27.01.2026
02.
1.
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2.
This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with CID, CB P.S. Case No.04 of 2022 arising out of Chandbali P.S. Case No.63 of 2022 corresponding to S.T. Case No.185 of 2022 (G.R. Case No.122 of 2022) pending in the Court of learned Sessions Judge, Bhadrak, for commission of offence punishable U/S. 364/302/120-B/465/471/201/34 of IPC, on the main allegation of committing murder of the deceased Manas Kumar Swain by kidnapping him, along with co- accused persons.
3.
Heard, Mr. Kamalakanta Sethi, learned proxy counsel appearing on behalf of Mr. Bhabani Sankar Dasparida, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record.
4.
The bail application of the petitioner was earlier rejected by this Court on 12.05.2025 in BLAPL No. 2171 of
2024 and by then, 10 witnesses have already been examined, however, there is no substantial change in circumstance except examination of some more witnesses. In such situation, and taking into consideration the rival
submissions and keeping in view the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against her and regard being had to the materials collected by the Investigating Agency in support of the allegation against the petitioner and keeping in view the identification of the petitioner not only in the TI parade by one witness, but also in the Court and taking into account the other circumstances on record in entirety including the brutality exhibited by the offenders to kill the deceased and further taking into account the mode and manner of disposing the dead body to cause disappearance of evidence and last but not the least, the role as alleged against the petitioner and applying the law laid down by the Apex Court in X vs. State of Rajasthan; (2024) SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner.
5.
Accordingly, the BLAPL stands disposed of. In view of the alternative prayer as advanced for the petitioner, the learned trial Court is requested to dispose of the case as expeditiously as possible.
6.
Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the concerned Court for compliance.
(G. Satapathy)
Judge S.Sasmal Designation: Jr. Stenographer