p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.998 of 2026 Badal Behera … Petitioner Mr. A. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Choudwar PS Case No. 159 of 2023 corresponding to ST Case No.05 of 2024 pending in the Court of learned 1st Addl. District & Sessions Judge, Cuttack for commission of offences punishable U/Ss. 302/34 of IPC, on the main allegation of committing murder of the deceased Lucky Rout, along with co-accused persons in furtherance of their common intention. 3. Heard Mr. Abhishek Dash, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. 4. Bail is in fact sought for to the petitioner on the ground in delay in disposal of the case, but in the meantime 8 witnesses have already been examined as per the copy of depositions supplied by the learned counsel for the petitioner. It is no doubt alleged against p. 2 the petitioner for holding the deceased at the time his assault by co-accused, but the assault to the deceased is allegedly by co-accused Muna @ Smruti Ranjan Rout and Jaga@ Sangram Rout who are not before this Court in this bail application. Further, material witnesses like PW. 5 & 8 have already been examined and there is hardly any scope for the petitioner to tamper with the prosecution evidence of material witness. It is of course true that some of the witnesses are yet to be examined, however, a person cannot be kept in confinement for years together expecting examination of the witnesses. 5. In view of the above and after having considered the rival submissions and on going through the materials placed on record and regard being had to the pre-trial detention of the petitioner in custody since 03.04.2023 and keeping in view the main allegation of stabbing the deceased being directed against co- accused persons, who are not before this Court and taking into account 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 grant of bail to co-accused person Maguni @ Sanjay Kumar Rout @ Sanjay Rout in BLAPL No.718 of 2026, this Court without expressing any view on merit admits the petitioner to bail. 5. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on p. 3 bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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. 6. Accordingly, the BLAPL stands disposed of. 7. 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