Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3727 of 2026
Kubera Naik … Petitioner
Mr. S. Panda, Advocate
-versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 20.05.2026
02.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Parjanga P.S. Case No. 102 of 2020 corresponding to C.T. (Sessions) Case No. 02 of 2021 (G.R. Case No. 98 of 2020) pending in the file of learned Addl. District & Sessions Judge, Kamakhyanagar, Dhenkanal, for commission of offences punishable U/Ss. 302/34 of IPC, on the main allegation of committing murder of deceased Bijaya Kumar Naik by assaulting him with lethal weapons such as axe and iron rod.
2. Heard, Mr. Subrata Panda, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.
3. It is no doubt true that the petitioner is in custody since 26.05.2020 and thereby, he is going to complete six years after six days, but the trial is yet to be concluded. In terms of the report of the learned trial Court, seven more witnesses are yet to be examined and, therefore, the trial would take some more time. Right to speedy trial is the fundamental right of an accused, but by any standard six years detention of an accused person in custody would obviously defeats his right to speedy trial.
4. In the aforesaid facts and circumstances and taking into
consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody and there being uncertainty as to when the trial would be concluded, this Court considers that the petitioner deserves to be released on bail on that score which is delay in conclusion of trial.
5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 with following conditions:- (i) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and shall cooperate the Court during the trial. In case the Petitioner fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law.
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
S.Sasmal Designation: Jr. Stenographer