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2026 DAILYLAW 7218 (ORI)

SANTOSH NAIK v. STATE OF ODISHA

BLAPL/2552/2026 · 2026-04-27

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2552 of 2026 Santosh Naik …. Petitioner Mr. L. Achari, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA Ms. S. Senapati, Adv. (Informant) CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.04.2026 01. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 2. The Petitioner is an accused in connection with S.T. Case No.5 of 2026 pending on the file of learned Addl. Sessions Judge, Bhanjanagar, Ganjam, arising out of Bellaguntha P.S. Case No.390 of 2025 for commission of offence alleged under Sections 85/103(1)/3(5) of BNS. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. p. 2 4. Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned Addl. Sessions Judge, Bhanjanagar, Ganjam by order dated 12.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. The case of the prosecution, in short, is that that on 04.08.2025 at 11.40 P.M. the complainant lodged a written report alleging therein that, on 04 08.2025 at about 8.00 p.m. her niece namely Salu Naik Naik informed her over phone that, her daughter has committed suicide by hanging. On receiving that, all the family members reached her in laws house and found her daughter’s dead body lying on the ground. Her husband Santosh Naik @ Babulu and his kept Anita Naik and Puja Naik did not allow them to enter the house to see their daughter and they returned back. Since 12 years ago her daughter get married to Santosh Naik and blessed with four children. Since 04 years Santosh Naik has kept two others lady namely Anita Naik and Puja Naik as his kept. Since two years her husband along with the two kept have been torturing her. Suspecting that they all committed murder of her daughter showing its as suicide, complainant reported the matter, on the basis of which the PS case in question has been registered. p. 3 6. It is submitted by the learned counsel that the Petitioner is in custody since 07.08.2025 and in the meanwhile co-accused have since been released on bail by this Court by order dated 19.12.2025 in BLAPL No.13194 of 2025. Hence, inter alia on the ground of parity, Petitioner seeks release. 7. Learned counsel for the State as well as informant oppose the prayer for bail. As rightly pointed out the ground of parity is not attracted since this Court released the co-accused inter alia on the ground that they are ladies. 8. It is also brought to the notice of this Court that the Petitioner is cited as an accused in the following cases; i. Bellaguntha P.S. case No.426 dt.29.09.2023 u/s.294/323/341/506/34 IPC. ii. Bellaguntha PS case No.278 dt.21.06.2024 u/s.294/323/341/506/34 IPC iii. Buguda PS case No.475 dt.22.10.2024 u/s.137(2)/87/64(2)(m)/319(2)/318(4) BNS/ r.w Sec. 06 POCSO Act. iv. Buguda PS case No.395 dt. 27.12.2020 u/s.457/380 IPC. v. Bhanjanagar PS case No.46 dt.30.01.2017 u/s- 47(a)(b) & 0 Act. vi. Bhanjangar PS case No.92 dt.23.03.2019 u/s- 52(a) O.E act. vii. Bhanjangar PS case No.121 dt.13.04.2019 u/s- 52(a) O.E act. viii. Bhanjanagar PS case No-246 dt.22.09.2013 u/s- 395 IPC/ Sec. 25/27 Arms act. p. 4 ix. Bhanjanagar PS case No.73 dt. 27.02.2012 u/s- 392 IPC/ Sec. 25/27 Arms act. 9. This Court carefully went through the statements of the witnesses on record including the child witnesses. Since elaborate reference will prejudice the accused, this Court refrains from mentioning it in this order. 10. On considering the same, this Court is not inclined to entertain this application for bail at this stage. 11. Accordingly, the BLAPL stand disposed of. (V. NARASINGH) Judge Santoshi