p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2716 of 2026 Dasa Naik …. Petitioner Mr. B.B. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC BLAPL No. 3173 of 2026 Gopi Naik …. Petitioner Mr. B.B. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 01. 1. Since all the BLAPLs relate to the same P.S. (Angul Sadar P.S. Case No.32 of 2022), on the consent of parties, they are taken up together and are disposed of by this common order. 2. Heard learned counsel for the Petitioners and learned counsel for the State. p. 2 3. The Petitioners are accused in connection with C.T.(S) Case No.113-A of 2022, pending on the file of the learned Addl. Sessions Judge, Angul, arising out of Angul Sadar P.S. Case No.32 of 2022 for alleged commission of offences under Sections 302/34 of IPC. 4. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court. 5. Being aggrieved by the rejection of their application for bail U/s.483 of BNSS by the learned Addl. Sessions Judge, Angul by orders dated 27.02.2026 and 13.02.2026 respectively in the aforementioned cases, the present BLAPLs have been filed. 6. The case of the prosecution, in short, is that on 12.01.2022 at 8.05 A.M. informant lodged a written report alleging therein that on 11.01.2022 at about 11.00 AM his brother Tikan Naik had gone to the tube well to take bath. Before that Biju Naik, Badal Naik and Sipun were sitting near the tube well. When his brother Tikan asked Biju Naik why has he sat there during the period of Coyid-19 as the women of his village are corning to bring water, Biju argued with his brother and there was exchange of hot words between them. On listening their quarrel, he rushed there and stopped both of them, as a result they left the place for their p. 3 houses. Again at 07.00 PM his brother along with uncle Sudarsan went to the shop of his village. On their return to home, Biju Naik, Gopi Naik, Biranchi Naik, Badal Naik and Dasa Naik, who were hidden, assaulted jointly by means of Bhujali, Thenga and Tangia. On listening their shout, he ran there and saw them assaulting his brother jointly. When the informant shouted, they all left the place. They immediately took his brother to DHH, Angul. As referred by the doctor, they took him to Cuttack for his treatment but he died on the way. Hence, the PS case in question was registered. 7. It is submitted by the learned counsel that the Petitioners were arrayed as accused in terms of the order passed on 01.05.2023 in exercising the power conferred under Section 319 of Cr.P.C. 8. It is stated that apart from the Petitioners, Dasa and Gopi, the others, namely, Biranchi Naik, Badal Naik, Sipun Roul and Jharu Naik were also arrayed as accused persons and so far as Jharu Naik and Badal Naik are concerned, the attention of this Court was drawn to the judgment dated 12.01.2024 passed by this Court in ABLAPL No.12669 of 2023 admitting the said two Petitioners therein to pre-arrest bail. 9. It is further stated that the present Petitioners are at all fours with the co-accused, who has since been released on pre-arrest bail. p. 4 10. Such submission is opposed by the learned counsel for the State. 11. This Court perused the depositions of P.Ws.1,2 and 3 on the basis of which, the learned Trial Court impleaded the present Petitioners as accused. 12. Considering the same, in the light of the release of the co-accused who are prima facie similarly placed by pre-arrest bail, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure their presence during trial. 13. Accordingly, the BLAPLs stand disposed of. 14. UCC as per rules. (V. NARASINGH) Judge Santoshi