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2026 DAILYLAW 16100 (ORI)

NIROJ KUMAR BARDHAN v. STATE OF ODISHA

BLAPL/1724/2026 · 2026-05-05

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1724 of 2026 Niroj Kumar Bardhan ..... Petitioner Represented By Adv. – Mr. Soubhagya Kumar Dash -versus- State of Odisha ..... Opposite Parties Represented By Adv. – Smt. Sasmita Nayak, ASC Mr. Ashok Das, Advocate for Informant. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 05.05.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner, learned counsel for the State-Opposite Party and learned counsel for the Informant. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with G.R. Case No.760 of 2025, arising out of Rayagada P.S. Case No.107 of 2025, pending in the court of learned S.D.J.M., Parlakhemundi, for alleged commission Page 2 of 3. of offences punishable under Sections 319(2)/318(4)/316(2)/336(3)/340(1)/340(2)/3(5) of the B.N.S. 2023. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 22.11.2025. He further submitted that in the meantime investigating in this case has been concluded and final charge sheet has been filed. He also submitted that trial in this case has already commenced in the meantime. Referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the offences alleged against the Petitioner are punishable for a maximum period of seven years and that the offences are triable by Magistrate. He further submitted that the Petitioner does not have any criminal antecedent, therefore, there is no chance of his absconding. 5. Learned counsel for the State, on instruction vide letter dated 02.05.2026 of the IIC of the Rayagada P.S., submitted that victim is getting pensionary benefits. He further submitted that in the event this Court is inclined to release the Petitioner on bail, stringent conditions be imposed so that the Petitioner will participate in the trial. 6. Learned counsel appearing for the Informant, on the other hand, objected to the release of the Petitioner on bail on the ground that the Petitioner has misappropriated the pension money due to the Informant for a long time. On Page 3 of 3. such ground, learned counsel for the Informant contended that the bail application of the Petitioner be rejected at this juncture. 7. Taking into consideration the period of custodial detention of the Petitioner and the fact that charge sheet has been filed and that offences are triable by Magistrate, this Court is inclined to release the Petitioner on bail. 8. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the court in seisin over the matter. 9. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis