Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2550 of 2026
Kanhu Charan Barik …. Petitioner
Mr. S. K. Patri, Advocate
-versus-
State of Odisha …. Opposite Party Mr. M. R. Mohanty, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 27.04.2026
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with G.R. Case No.1388 of 2023 pending on the file of learned Sessions Judge, Kendrapara arising out of Tantiapala Marine P.S. Case No.80 of 2025 for commission of offence alleged under Sections 126(2), 109(1) and 351(2) of BNS, 2023.
3. The case of the prosecution on 15.07.2025 at about 6:50 PM, Tulasi Mandal appeared at the Police Station and submitted a written report stating that at around 3:00 PM the same day, her father-in-law, Kanhu Charan Barik (65), allegedly assaulted his wife, Geetanjali Barik, with a crow-bar on suspicion of her character, causing a bleeding head injury. Her
mother-in-law fell unconscious, after which she was shifted to CHC Rajnagar and later referred to DHH Kendrapara for better treatment. Accordingly, the matter was reported to the Police Station.
4.
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.
5. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Sessions Judge, Kendrapara by order dated 19.02.2026 in the aforementioned cases, the present BLAPL has been filed.
6. It is submitted by the learned counsel for the Petitioner that victim is his wife and since she has already been examined, he may be enlarged on bail.
7. Such submission is opposed by the learned counsel for the State referring to the deposition of the victim-P.W.1, the daughter-in-law of the Petitioner and the victim P.W.2, the seat of the injury as well as the tenor of the evidence of P.W.1.
8. It is further submitted by the learned counsel that since the nature of the injury has been categorized as simple prima facie the case under Section 109 of BNS is not made out.
9. Considering the rival submissions and taking into account the age of the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence during the trial.
10. Additionally, it is directed that the Petitioner shall not in any way try to intimidate or threaten the P.Ws.1 and 2. It shall be open for them to inform the local Police to ensure the safety and security of P.Ws.1 and 2, if there is any threat perception.
11. Notwithstanding the age of the Petitioner, this Court is constrained to direct that he shall aper before the jurisdictional Police Station once a week on every Sunday at 11:00 A.M. Certification of such appearance shall be submitted to the learned Court in seisin.
12. In case of any default, it shall be open for the learned Trial Court to proceed in accordance with law.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge Jina