Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1403 of 2026
Suresh Nayak @ Tingiri … Petitioner
Mr. S.G. Das, Advocate -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)16.04.2026
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Berhampur Sadar PS Case No.195 of 2024 corresponding to GR Case No.753 of 2024 in connection with ST Case No.423 of 2024 pending in the file of learned 1st Addl. Sessions Judge, Berhampur for commission of offences punishable U/Ss.341/294/324/326/307 of IPC, on the main allegation of pouring petrol on the injured Salu Nayak only to facilitate the co-accused to set the injured on fire and thereby, the injured suffering from grievous injury.
3. Heard, Mr. Siddharth Goutam Das, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 8.
4. Admittedly, the petitioner is in custody since 30.05.2024, but in the meantime the injured has already been examined, so also the other material witnesses and thereby, there is little apprehension of tampering of the evidence of the material witness like the injured. Besides, the trial is yet to be concluded even after near about two p. 2 years custody of the petitioner and there are other witnesses, who are yet to be examined in this case. Besides, the injured has sustained some external burn injury which is opined to be grievous in nature. In the aforesaid
facts and circumstances and taking into
consideration the long detention of the petitioner in custody and there being no real apprehension of tampering of evidence of material witness by the petitioner 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, this Court without expressing any view on merit 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.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 condition:-
(i) the petitioner shall not contact the injured or any witnesses;
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 Jayakrushna