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2026 DAILYLAW 30 (ORI)

SABIR KUMAR KAMILA v. STATE OF ODISHA

BLAPL/24/2026 · 2026-03-23

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Sabir Kumar Kamila (In BLAPL No.24 of 2026) Khaga @ Khagendra Malik (In BLAPL No.1705 of 2026) Satia @ Chandan Malik & Another (In BLAPL No.1790 of 2026) … Petitioners Mr. A.K. Behera, Advocate (in BLAPL No.24 of 2026) Ms. D. Behuray, Advocate (in BLAPL Nos.1705 & 1790 of 2026) -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)23.03.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three 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. 3. These three applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Simulia PS Case No.467 of 2025 corresponding to CT Case No.1544 of 2025 pending in the Court of learned Additional District & Sessions Judge, Soro, Balasore for commission of offences punishable U/Ss.331(4)/305(a) of BNS, on the main allegation of committing theft by trespassing into the house of Debendra Kumar Padhy and taking away valuables. 4. Heard Mr. Arun Kumar Behera, learned counsel for the petitioner appearing virtually in BLAPL No.24 of 2026; Ms. Dalirani Behuray, learned counsel for the petitioners in BLAPL Nos.1705 & 1790 of 2026 and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears no dispute about FIR being registered against unknown persons, but the petitioners have been detained in custody since 11.10.2025 and in the meantime, charge-sheet has already been submitted. In the aforesaid facts and circumstances and taking into account the mode and manner of implication of the present petitioners and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and keeping in view the law laid down by Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51, this Court without expressing any view on merit admits each of the petitioners to bail. 6. Hence, the bail applications of the petitioners Sabir Kumar Kamila in BLAPL No.24 of 2026; Khaga @ Khagendra Malik in BLAPL No.1705 of 2026 and Satia @ Chandan Malik & Another in BLAPL No.1790 of 2026 stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five 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. 7. 7. Accordingly, the BLAPLs stand disposed of. 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 Jayakrushna