p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2831 of 2026 Papan @ Tapan Nayak …. Petitioner(s) Mr. Jayakrishna Mohapatra, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. Heard. 2. The petitioner is an accused in connection with Bansada P.S. Case No.335 of 2025 corresponding to G.R. Case No.838 of 2025 registered on the allegation of the commission of the offence under Section 103(1)/238(a)/3(5) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Chandabali. 3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 17.12.2025 has rejected the bail application of the petitioner. Being aggrieved, the p. 2 petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on 08.11.2025 at about 5:00 a.m., the petitioner along with other accused persons allegedly called the informant’s son (the deceased) from his house and murdered him. Subsequently, the informant discovered the dead body of his son lying on a railway track, with the head severed from the body. Thereafter, the informant lodged the FIR at Bansada P.S. 6. Mr. Nayak, learned Additional Government Advocate for the State, at the outset, submits that the petitioner ought to have been arrayed as a witness, because he has, in fact, witnessed the occurrence and out of fear fled away from the spot. He has read out the p. 3 statement of the accused-petitioner recorded under Section 161 Cr.P.C., which reads as under:- I Papan@Tapan Nayak(24) S/o-Natakishore Nayak, At-Manipur, P.S.-Bansada, Dist.Bhadrak. Today dated 17/11/2025 time around forenoon 11:20 being in the custody of the police station without any fear, coercion, in a stable mind depose my oral statement about the aforementioned legal case that on 7/8.11.2025 at about 2:00 a.m., I called Haun @ Shipun Das and asked him to come so that we could steal coal from a running train by using hook. I told him to come near Panchua Kar Pala and to stay there at night, and when the train arrived, we would remove the coal.After about 15–20 minutes, I reached the spot and saw that Haun@Shipun Das,Bishu@Biswaranjan Das, and Pintu@Manas Ranjan Das were present there. Among them, a quarrel had broken out near Panchua Kar Pala. Bishu@Biswaranjan Das had caught hold of Haun@Shipun Das by pressing his neck with his right elbow. Shipun was struggling and gasping, while Pintu was trying to free Shipun from Bishu’s grip. I immediately went there and tried to release Shipun from Bishu’s hold, but Bishu struck me with his elbow. As a result, I fell down. His elbow hit my right cheek, causing an injury inside my right side of the lip, which started bleeding. Blood also fell at the spot, and my cheek became swollen. After some time, when Bishu released Shipun, he became unconscious and fell to the ground. Thereafter, Bishu told Pintu to catch hold of me. As Pintu chased me, I ran away towards the railway track. From a short distance, I stopped and saw that Bishu held Shipun’s legs while Pintu held his hands, and they brought him near the bushes by the railway line. Then Pintu lifted Shipun’s unconscious body onto Bishu’s shoulder. Bishu carried Shipun on his shoulder towards the railway track. When Pintu again noticed me and started chasing me, I ran away from there and went near Panchua Kar’s house, where I lay down. Out of fear, I did not tell this incident to anyone and kept the matter concealed. On the next morning I came to know that Shipun p. 4 was lying dead on the train line, if I am taken together, I can lead to the aforementioned place and show the place. Aforesaid, voluntary confessional statement by me has been given while I was in police custody, in the presence of the Station Officer and witnesses. After it was read over to me, and having found it correctly recorded as per my statement, I have affixed my signature.” (transcribed in English) 7. Regard being had to the period of custody from 17.11.2025, and the allegation against the petitioner, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the 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) The petitioner shall appear before the trial Court on each date on which the case is posted for trial. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall not tamper with the evidence in any manner whatsoever. Page 5 of 5 Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna