p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 4504 of 2026 Rajesh Behera … Petitioner Mr. A. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):20.05.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with CT Case No. 49 of 2021 arising out of Padampur PS Case No. 226 of 2020 pending in the file of learned Addl. Sessions Judge, Padampur for commission of offences punishable U/Ss. 147/148/307/323/325/149 of the IPC, on the main allegation of committing murder of the deceased Manoj Behera by assaulting him with an axe, along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Amitav Tripathy, learned counsel for the Petitioner and Mr. S.C. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. 4. At the outset, Mr. Tripathy, by producing the affidavit stated to be sworn in by the father of the Petitioner submits that the father of the Petitioner will take every precaution that after release of the Petitioner on bail, he would not contact or influence or indulge himself in any criminal activity. It is no doubt p. 2 true that the Petitioner is in custody since 05.10.2020, but even after more than 5 years and 8 months, the trial is yet to be concluded. Right to speedy trial is undoubtedly the fundamental right of an accused, but detaining an accused person in custody for more than 5 years and 8 months without the assurance of speedy trial is an affront to his fundamental right. Besides, when the trial would be concluded is still a guess. In the aforesaid facts and circumstance and taking into account the long custody of the Petitioner and failure to ensure right to speedy trial for the Petitioner, this Court without expressing any view on merits admits the Petitioner to bail. 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.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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 shall not contact the family members of the informant and deceased; (ii) the petitioner shall not threaten the informant or his family members or influence/coerce any of the witnesses acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court; (iii) the petitioner shall not loiter in and around the house of the deceased and p. 3 (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty for the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated by the petitioner or a case for cancellation is otherwise made out. In case of application for cancellation of bail, the learned Court in seisin over the matter is at liberty to pass appropriate order in accordance with law without further reference to this Court. 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 Priyajit