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2026 DAILYLAW 5892 (ORI)

GUDU @ ARUN KUMAR SINGH v. STATE OF ODISHA

BLAPL/305/2026 · 2026-04-21

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Gudu @ Arun Kumar Singh (In BLAPL No.305 of 2026) Kartika Chandra Rana (In BLAPL No.333 of 2026) Biswajit Behera @ Pandey (In BLAPL No.1570 of 2026) Titu Sahoo (In BLAPL No.1803 of 2026) & Petitioners Mr. M. Kanungo, Sr. Advocate along with Mr. A. Mishra, Advocate (in all BLAPLs) -versus- State of Orissa & Opposite Party Mr. P. Satpathy, Addl. PP Mr. S.C. Mohapatra, Sr. Advocate along with Mr. S. Mohapatra, Advocate (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)21.04.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these four 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 four bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Dhenkanal Town PS Case No.247 of 2025 corresponding to GR Case No.568 of 2025 pending in the Court of learned SDJM Dhenkanal, for commission of offences punishable U/Ss. 191(2)(3)/103(2)/111(2)(a)/190/61(2) of BNS r/w Sec.25(1)(a)/27(1) of Arms Act, on the main allegation of p. 2 rioting being armed with deadly weapons by forming an unlawful assembly and attacking the deceased Titan Behera by firing at him and smashing his head with stone resulting in his death. 4. Heard, Mr. Milan Kumar Kanungo, learned Sr. counsel who is being assisted by Mr. Asish Mishra, learned counsel for the petitioners in all the BLAPLs; Mr. P. Satpathy, learned Addl. PP and Mr. Soura Chandra Mohapatra, learned Sr. counsel who is being assisted by Mr. S. Mohapatra, learned counsel for the informant in these matters and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for committing murder of the deceased, but the statement of so called eye witnesses recorded U/S.183 of BNSS does not reveal the name of petitioner-Gudu @ Arun Kumar Singh and Kartika Chandra Rana, however, there is some reference to the other petitioners in such statement. Besides, there is serious allegation against the petitioners- Biswajit Behera @ Pandey and Titu Sahoo for firing at the deceased and smashing the body of the deceased with a stone, along with other co-accused persons. It is also brought to the notice of the Court that Co-accused Bali @ Srikanta Rana, Chhotu @ Sangram Sahu, Beda @ Satya Narayan Rout and Puchu @ Bishnu Behera have already been extended with the benefit of bail, but learned Sr. counsel for the informant, however, brings it to the notice of the Court that the order granting bail of the co-accused p. 3 Bali @ Srikanta Rana has been challenged in this Court. Be that as it may, the application for cancellation of bail of such co-accused is yet to be decided, however, the petitioner Gudu @ Arun Kumar Singh and Kartika Chandra Rana stands on a different footing as their names has not been referred to by the so called eye witnesses in their statement recorded U/S.183 of BNSS. Further, the petitioner Gudu @ Arun Kumar Singh is found to be involved in three criminal cases, however, such criminal cases are for trivial offences and the petitioner Kartika Chandra Rana is stated to have been involved in two other criminal cases, but it is not disputed that such criminal cases have been returned with FRT and acquittal. In the aforesaid facts and situation and taking into account the materials so placed on record and regard being had to the pre-trial detention of the petitioners Gudu @ Arun Kumar Singh and Kartika Chandra Rana in custody since 04.05.2025/08.07.2025 with submission of charge-sheet in the meantime and there being no trial commenced yet, this Court while not being inclined to grant bail to the petitioners Biswajit Behera @ Pandey (BLAPL No.1570 of 2026), and Titu Sahoo(BLAPL No.1803 of 2026), considers it proper to grant bail to Gudu @ Arun Kumar Singh (BLAPL No.305 of 2026) and Kartika Chandra Rana (BLAPL No.333 of 2026), but subject to certain conditions. 6. Hence, the bail application of the petitioners Biswajit Behera @ Pandey (BLAPL No.1570 of 2026), and Titu Sahoo(BLAPL No.1803 of 2026) stands rejected, whereas p. 4 the bail application of the petitioners Gudu @ Arun Kumar Singh (BLAPL No.305 of 2026) and Kartika Chandra Rana (BLAPL No.333 of 2026) stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) 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 conditions:- (i) the petitioner shall not contact the informant and the witnesses or threaten them; (ii) the petitioner shall not threaten/ influence/induce/ coerce any of the witnesses including the informant and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court. (iii) the petitioners shall appear before the Dhenkanal Town PS on each 2nd Sunday of Month in between 10AM to 12 Noon till examination of eye witnesses in this case. 7. Accordingly, the BLAPL Nos.305, 333, 1570 & 1803 of 2026 stand 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