Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 7906 (ORI)

MANAS SENAPATI v. STATE OF ODISHA

BLAPL/3049/2026 · 2026-05-02

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3049 of 2026 Manas Senapati …. Petitioner Mr. Biswaranjan Dalai, Advocate -versus- State of Odisha …. Opp. Party Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 02.05.2026 02. 1. The petitioner is an accused in connection with Ersama P.S. Case No.446 of 2025 corresponding to C.T. Case No.31 of 2026 registered for the alleged commission of the offences punishable under Sections 126(2)/ 109(1)/ 351(2)/ 296/115(2)/117(2) of the BNS, 2023, pending in the Court of the learned Additional District & Sessions Judge, Kujanga. The petitioner had approached the learned Additional District & Sessions Judge, Kujang in C.T. Case No.31 of 2026 praying for grant of bail. The learned Court below vide its order dated 19.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. 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. 3. The prosecution case is that on 19.12.2025, the informant lodged a written report before the P.S. alleging that on the same day at about 10 a.m., while his wife Pramila Senapati was cutting paddy from the paddy field, at that time, the accused along with other co-accused persons abused her in filthy language and assaulted her by means of thenga causing bleeding injury on her persons. Then the accused persons entered inside the house of the informant and assaulted his son Ullash Senapati by means of thenga, as a result of which he sustained bleeding injury on his head. Hence, the case. 4. After the investigation, the charge sheet has been filed in the present case on 16.02.2026. The petitioner has been in custody since 20.12.2025. 5. Learned counsel for the State referred to the injury reports of Pramila Senapati and Ullash Senapati. Although the injuries sustained by Ullash Senapati is simple in nature, but Pramila Senapati has sustained grievous injuries. The dispute is arising out of the ancestral property and the injured persons are closely related to the accused. 6. Regard being had to the allegation against the petitioner, the fact that the dispute is arising out of distribution of the ancestral property and the injured persons are closely related to the accused and the period of custody of the petitioner since 20.12.2025, I am inclined to enlarge the petitioner on bail. Page 3 of 3 Subhasis 7. Hence, the petitioner is directed to be released on bail by the learned 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) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) He shall appear before the trial Court on each date on which the case is posted for trial without fail; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 02-May-2026 16:07:20