Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 955 (ORI)

BAPI @ SUSHANTA KUMAR MOHALIK v. STATE OF ODISHA

BLAPL/11112/2025 · 2026-01-12

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11112 of 2025 Bapi @ Sushanta Kumar Mohalik & Another … Petitioners Mr. K. Kashyap, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNS by the petitioners for grant of bail in connection with Khantapada P.S. Case No.170 of 2022 corresponding to S.T. Case No. 203 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Presiding Officer, Designated Court under OPID Act, Balasore, for commission of offences punishable under Sections 294/506/354/302/449/364/34 of IPC, on the main allegation of committing murder of one Tuna @ Sanjit Kumar Dalei by assaulting him with deadly weapons, along with co-accused persons, so also assaulting the informant by barging upon her house. 3. Heard, Mr. Kumar Kashyap, learned counsel for the petitioners and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. 4. It is, however, submitted that the co-accused Ramani Ranjan Mahalik, Basanta @ Tuku Mahakud, Pratap Rudra Mahalik, Ananda Mahakud having faced the trial in S.T. Case No. 357 of 2022 have already been acquitted, but the present petitioners have already surrendered in the Court, however, they are languishing inside jail custody. Be that as it may, acquittal of co- accused would not be the sole ground to grant bail to other accused persons, who were alleged to have committed the crime of murder. No doubt, some of the witnesses examined have not supported the prosecution allegation against the petitioners, but there are material witnesses like Jyotsna Dalei-informant, Mukunda Dalei, Dinabandhu Dalei, Srikanta Barik, Basanta Pradhan, Maheswar Dalei, Pradeep Kumar Dalei, who are yet to be examined in this case. 5. In the aforesaid situation, especially when there is serious allegation against the petitioners for committing murder of the deceased and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against them and on going through the materials placed on record and material witnesses remaining to be examined, this Court is not inclined to grant bail to any of the petitioners at this stage. Hence, the bail application of the petitioners stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately forwarded to the court in seisin over the matter. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer