Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3381 of 2026
Surendra Pradhan
… Petitioner
Mr. R.L. Pattnaik, proxy counsel appearing on behalf of Mr. S.K. Panda, Advocate -versus-
State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 06.07.2026
03.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Gurandi PS Case No.59 of 2024 corresponding to ST Case No.93 of 2024 pending in the file of learned Court of Sessions Judge, Gajapati for commission of offences punishable U/Ss.302/34 of IPC, on the main allegation of assaulting the deceased Prasant Kumar Jena to death by attacking him with iron pipe and wooden plank, along with co-accused persons in furtherance of their common intention.
2. Heard, Mr. Rajib Lochan Pattnaik, learned proxy counsel appearing on behalf of Mr. Sunil Kumar Panda,
learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PW6 & 7.
3. Admittedly, PW6 & 7 have been cited as eye witnesses to the occurrence which is confirmed by the learned State counsel, but PW6 has not uttered the name of the Petitioner, whereas PW7 has allegedly testified against the Petitioner for giving fist blows to the deceased. In view
of 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 since 25.07.2024 and keeping in view the main allegation of assaulting the deceased by means of iron pipe and wooden plank being directed against co-accused Ashok Swain and Santosh Swain who are not before this Court and keeping in view the other circumstances on record in entirety including the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail.
4. 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.
5. 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