Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
Om Prakash Bahadur & another (In BLAPL No. 3965 of 2026) Roshan Nayak (In BLAPL No. 4446 of 2026) … Petitioners
Mr. B.R.Swain, Advocate (In BLAPL No. 3695 of 2026) Mr. S.R.Acharya, Advocate (In BLAPL No. 4446 of 2026)
-versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):14.05.2026
01. 1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 2. These two bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Chhend PS Case No.97 of 2025 arising out of S.T. Case No. 162/278 of 2025 pending in the Court of learned 2nd Addl. Sessions Judge, Rourkela for commission of offences punishable U/Ss. 126(2)/ 118(2)/ 109(1)/ 103(1)/3(5) of BNS, on the main allegation of committing murder of Mukesh Kar and injuring Rushi Prasad Sahu by assaulting them with lethal weapons, along with co-accused persons in furtherance of their common intention. Page 2 of 3
3. Heard, Mr. Biswa Ranjan Swain, learned counsel for the petitioners in BLAPL No. 3695 of 2026; Mr. Satya Ranjan Acharya, learned counsel for the petitioner in BLAPL No. 4446 of 2026 and Mr. P.Satapathy, learned Addl. PP in both the matters and perused the record including the copy of deposition of PWs.1 to 9. 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 accusations sought to be brought against them and regard being had to the materials placed on record together with evidence of material witnesses like Suvam Parichha, injured witness Rushi Prasad Sahu and Dibyasini Dash who being examined as PWs. 1, 6 & 9 have not at all supported the prosecution allegation against the petitioners, but there are still witnesses to the disclosure statement namely, Mohendra Gouda and Bibhupada Rout in whose presence the petitioner-Om Prakash Bahadur had allegedly given recovery of weapon of offence, are yet to be examined and taking into account the other circumstance on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and some of the co-accused having already been granted bail by this Court and taking into account the pre-trial detention of the petitioners in custody, this Court while not being inclined to grant bail to
petitioner-Om Prakash Bahadur in BLAPL No. 3965 of 2026, considers it proper to grant bail to rest of the petitioners namely Karan Badaik and Roshan Nayak to bail. 5.
5. Hence, the prayer for bail of the petitioners namely Karan Badaik in BLAPL No. 3965 of 2026 and Roshan Nayak in BLAPL No. 4446 of 2026 stands allowed and accordingly, the petitioner Karan Badaik and Roshan Nayak are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties 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. 6. Accordingly, both the BLAPLs stand 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