Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1237 of 2026
Jitendra Mahakud … Petitioner Mr. A. Tripathy, Advocate
-versus- State of Odisha … Opposite Party Mr. C. Mahanty, Addl. PP
CORAM:JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):18.03.2026
01.
1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with ST Case No. 19 of 2025 arising out of Ghantapada PS Case No. 129 of 2024 pending in the file of learned Addl. Sessions Judge, Kantamal for commission of offences punishable U/Ss. 103(1)/3(5)/49 of BNS r/w Sections 25(1-A)/27 of the Arms Act, on the main allegation of committing murder of one Byasa Barik, along with co-accused persons by firing and assaulting him.
2. Heard, Mr. Mr. Amitav Tripathy, learned counsel for the Petitioner and Mr. C. Mahanty, learned Addl. Public Prosecutor in the matter and perused the record.
3. After having considered the rival submissions upon perusal of record, there appears no dispute about implication of the Petitioner in this case on the basis of statement of one Pradip Puta who having been examined as PW1, has not supported the prosecution allegation against the Petitioner. The bail application of the Petitioner was in fact rejected by this Court in BLAPL No. 6265 of 2025 by mainly relying upon the statement of the said witness Pradip Puta. In the aforesaid
facts and situation and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him p. 2 and regard being had to the pre trial detention of the Petitioner in custody since 09.02.2025 and the mode and manner of implication of the present Petitioner in this case and keeping in view the basis on which the Petitioner is allegedly implicated in this case having not been revealed in the evidence and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and keeping in view grant of bail to co-accused Sesha @ Sesa Pradhan, Bikash Sandha @ Bikash, Sridhar Sahu, Lituna Biswal @ Raja & Satyaban Bagha @ Pati in BLAPL Nos. 5809, 5819, 5841 & 5908 of 2025 by this Court and Kirati Bagh @ Dinesh in BLAPL No. 1553 of 2025 by a Coordinate Bench of this Court, this Court without expressing any view on merits admits the Petitioner to bail.
4. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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.
5. 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 Priyajit