p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2378 of 2026 Bidhan Mandal … Petitioner Mr. P.P. Mohanty, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 27.04.2026 01. 1. This is the 2nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri P.S. Case No. 595 of 2024 corresponding to C.T. Case No. 11 of 2025 (G.R. Case No. 732 of 2024) pending in the file of learned Addl. Sessions Judge, Malkangiri, for commission of offences punishable U/Ss. 103(1)/238(a)/ 303(2) of BNS, on the main allegation of committing murder of deceased Milan Majumdar. 2. In the course of hearing, Mrs. Pragyna Paramita Mohanty, learned counsel for the petitioner submits that although the petitioner has allegedly shown to have given the recovery of gold ornaments of the deceased, but the seizure witnesses have become hostile in this case and out of the 15 witnesses examined so far, most of the witnesses have become hostile and, therefore, the petitioner may kindly be admitted to bail by taking into consideration his pre-trial detention. 2.1. On the other hand, Mr. P. Satpathy, learned Addl. PP submits that not only there is prima facie allegation against the petitioner for committing murder of the deceased, but also the gold ornament of the deceased was seized after being recovered at the instance of the petitioner and such p. 2 gold ornaments having been put to TI parade, it were identified and, therefore, the petitioner’s involvement in this case being prima facie made out, the bail application of the petitioner may kindly be rejected. 3. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing murder of the deceased, but the trial is going on and in the meantime, 15 witnesses have already been examined. However, it is contended for the petitioner that most of the witnesses examined, have become hostile. Be that as it may, the IO is yet to be examined and as per the submission of the learned State Counsel, there is recovery of gold ornaments of the deceased pursuant to the disclosure statement of the present petitioner and such gold ornaments have been allegedly identified in the TI parade. 4. In such situation and circumstance and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the materials placed on record and keeping in view the continuation of trial on the face of law laid down by the Apex Court in X vs. State of Rajasthan; (2024) SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner at this stage. 5. Hence the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the Court in seisin over the matter for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer