p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2336 of 2026 BLAPL No. 2336 of 2026 1. Saraswati Halwa 2. Ajaya Naik …. Petitioners Mr. S.K.Baral, Advocate -versus- State of Odisha …. Opp. Party Mr. D. Mohanty, AGA BLAPL No. 2429 of 2026 Sadhu Naik …. Petitioners Mr. S.K.Baral, Advocate -versus- State of Odisha …. Opp. Party Mr. D. Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. The petitioners are accused in connection with Kasipur P.S. Case No.54 of 2025 corresponding to C.T. Case No.32 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 103(1)/3(5)/238(a) of BNS, 2023 pending in the Court of p. 2 the learned District and Sessions Judge, Rayagada. The petitioners had approached the learned Sessions Judge, Rayagada in C.T. Case No.32 of 2025 praying for grant of bail. The learned Court below vide its order dated 27.01.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioners have filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case, as per the FIR is that on 21.03.2025 the informant submitted a written report before the police alleging therein that at about 6:24 AM he received a phone call from Siba Sankar Naik of village Baharadulki informing him that his brother Kumar Swami Halwa had died. He, along with relatives, reached the spot and found his brother lying dead. He suspected murder. He stated that whenever disputes arose between his brother and his wife, she used to go to her parental house. When his brother went to bring her back, he was abused and threatened by his father in law, mother in law, brother in law, Ajay’s wife and Saraswati Halwa. On 20.03.2025 at about 11.00 A.M., the deceased went to Baharadulki to bring back his wife and on 21.03.2025 at 6.24 A.M., information of his death was received. 4. Both the counsels appearing for the parties have taken p. 3 this Court to the materials brought on record through the charge sheet and heavily relied upon the statement of the witnesses recorded under Section 161 Cr.P.C. 5. I have carefully gone through the entire evidence. It appears that there is no specific overt act attributed to Saraswati Halwa, who is a 30 years old lady. Therefore, at this stage, I am only inclined to admit the bail plea of petitioner no.1-Saraswati Halwa in BLAPL No. 2336 of 2026. 6. Hence, it is directed that the petitioner no.1- Saraswati Halwa in BLAPL No. 2336 of 2026 be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) She shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) She shall appear before the trial Court on each date on which the case is posted for trial; (iii) She shall not tamper with the evidence in any manner whatsoever; (iv) She shall not commit any offence while on bail, and (v) She shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner no.1 is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the p. 4 prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. In so far as the other accused, namely, Ajaya Naik and Sadhu Naik are concerned, their applications at this stage is turned down and liberty is granted to renew their bail plea after charges are framed. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA