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2026 DAILYLAW 10168 (ORI)

SUBHAM GUPTA v. STATE OF ODISHA

BLAPL/1127/2026 · 2026-03-18

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1127 of 2026 Subham Gupta & others … Petitioners Mr. H.K.Mohanta, Advocate -versus- State of Orissa … Opposite Party Mr. M.R.Patra, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):18.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Bhadrak Rural PS Case No. 779 of 2025 corresponding to GR Case No.2888 of 2025 pending in the file of learned SDJM, Bhadrak, for commission of offences punishable U/Ss. 310(2)/324(4) of BNS, on the allegation of committing dacoity on the road by obstructing the passengers coming from railway station in Auto-rickshaw. 3. Heard, Mr. Hemanta Kumar Mohanta, learned counsel for the petitioners and Mr. M.R.Patra, learned Additional Public Prosecutor in the present matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Mohanta volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the Petitioners vis-à-vis the accusation sought to be brought against them and regard being had to the pre-trial detention of the Petitioners in custody since 04.12.2025 with submission of charge sheet in the meantime and it being claimed about the petitioners not having any criminal antecedent and keeping in view the other circumstance on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioners to bail, but subject to verification of their criminal antecedent. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge kishore