Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.356 of 2025
Ghena Badanayak
… Petitioner
Mr. P.K. Nanda, Advocate
-versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 11.07.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 3rd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Mudulipada PS Case No.107 of 2023 arising out of GR Case No.437 of 2023 pending in the Court of learned Sessions Judge, Malkangiri, for commission of offences punishable U/S. 302 of IPC, on the allegation of committing murder of one Arjun Sisha. 3. Heard, Mr. Prasanta Kumar Nanda, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. Mr. Nanda also apprises this Court that this is the 3rd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. 4. The petitioner on being granted liberty in BLAPL No.4156 of 2024, admittedly, renews his prayer for bail
purportedly under changed circumstance of examination of witness PW.1-Sukru @ Biju @ Bijay Badanayak, but he has not supported the prosecution case. The petitioner is in custody since 06.11.2023. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record, this Court considers that the petitioner has made out a case for grant of 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 with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.
In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law,
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court,
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge Jayakrushna