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2026 DAILYLAW 5290 (ORI)

PRATIK SALIV BARA v. STATE OF ODISHA

BLAPL/518/2026 · 2026-03-10

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.518 of 2026 Pratik Saliv Bara … Petitioner Mr. P.C. Acharya, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Praharaj, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):10.03.2026 01. 1. This is the fourth bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sundargarh PS Case No.283 of 2022 corresponding to GR Case No.1246 of 2022 pending in the file of learned Sessions Judge, Sundargarh, for commission of offence punishable under Section 302 of IPC, on the allegation of committing murder of Nasim Khan by stabbing the deceased with a knife. 2. In the course of hearing, Mr. Prafulla Chandra Acharya, learned counsel for the Petitioner submits that although the case is at fag end, but the IO is not turning up along with MO to depose evidence and thereby, prolonging the detention of the Petitioner in custody. Mr. Acharya further submits that the aforesaid situation only affects the right to liberty of the Petitioner for want of examination of the IO and thereby, a lenient view may kindly be taken up to grant bail to the Petitioner. 2.1. On the other hand, Mr. T.K. Acharya, learned Addl. PP while opposing the bail application of the Petitioner submits that not only witnesses have deposed against the Petitioner, but PW3 has specifically alleged against the Petitioner for committing murder of the deceased and thereby, the Petitioner should not be enlarged on bail. p. 2 Accordingly, Mr. Acharya prays to reject the bail application of the Petitioner. 3. After having considered the rival submissions upon perusal of record, there appears no dispute about examination of 28 witnesses in this case, but it is also equally true that the IO is yet to be examined in this case. Further, it is found from the record that PW3 has deposed against the Petitioner. The offence alleged against the Petitioner is for commission of offence punishable U/S. 302 of IPC which prescribes punishment for imprisonment of life or death. In the aforesaid fact and situation 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 stage of the trial and keeping in view the other circumstances on record in entirety, this Court does not consider it proper to grant bail to the Petitioner at this stage. Hence, the bail application of the petitioner stands rejected. The learned trial Court is, however, requested to take concrete steps for examination of the IO at the earliest. 4. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of the order be immediately sent to the learned trial Court. (G. Satapathy) Judge Priyajit