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2026 DAILYLAW 14675 (ORI)

TIKILI JENA v. STATE OF ODISHA

BLAPL/3454/2026 · 2026-05-05

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3454 of 2026 Tikili Jena …... Petitioner Mr. Ramesh Chandra Ojha, Advocate -Versus- State of Odisha …. Opposite Parties Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 222 14.08.2024 Nikirei G.R Case No.321 of 2024 pending in the Court of learned Additional Sessions Judge, Kendrapara U/S. 103 and 3(5) of BNS 1. This matter is taken up through hybrid arrangement. 2. The petitioner being in custody in connection with Nikirei P.S. Case No.222 of 2024, corresponding to G.R Case No.321 of 2024, pending in the Court of learned Additional Sessions Judge, Kendrapara registered for the alleged commission of offence under Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-May-2026 12:45:14 Signature Not Verified Section 103 and 3(5) of BNS, has filed this petition for his release on bail. 3. The brief fact of the case is that on 14.08.2024 at about 11:20 P.M, the informant, namely, Sarat Mallick lodged F.l.R. alleging that on the relevant day at about 10 AM his brother Mantu Mallik went to village serapur by his black colour motor cycle bearing Regd. No- OD29-F-3758. But on that day, at about 3:00 P.M, he received information that four unknown persons quarreled with his brother and after that they killed him and threw him in the Birupa River. But the motor cycle was at Astasambu Mahadev Mandir, hence he reported it before the IIC Nikirai Police station which is registered as Nikirai P.S.Case No-222/2024. 4. Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 21.08.2024 and in the meantime, charge sheet has already been submitted on 16.12.2024. The Petitioner has not named in the FIR. The co-accused persons who are similarly situated with the Petitioner have already been released on bail by this Court. He has no antecedent to his credit. He further submits that by now out of 23 cited prosecution witnesses, only 14 have been examined and, therefore, it is not expected that the Trial would conclude within a short period. In view of all these above, when the Petitioner is a permanent resident Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-May-2026 12:45:14 Signature Not Verified of District Jajpur as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner 5. Learned counsel for the State vehemently opposes the prayer for bail. 6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner; further keeping in view the materials on record as those stand against the Petitioner with other surrounding circumstances, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; Violation of any of the above conditions shall entail cancellation of the bail. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-May-2026 12:45:14 Signature Not Verified 7. The BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali