DEBA PRASAD @ BABA SAMANTA @ DEBA PRASAD SAMANTARAY v. STATE OF ODISHA
BLAPL/2873/2026 · 2026-05-01
Aditya Kumar Mohapatra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7994 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7994 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2873 of 2026 Deba Prasad @ Baba Samanta @ Deba Prasad Samantaray ..... Petitioner
Represented by Adv. - Ajaya Kumar Pradhan -versus- State of Odisha ..... Opposite Party
Represented by Adv. - Mr. P.P.Behera, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 01.05.2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 B.N.S. has been filed by the Petitioner for regular bail in connection with C.T. Case No.2280 of 2025, arising out of Jenapur P.S. Case No.400 dated 08.11.2025, pending in the Court of learned J.M.F.C., Chandikhole, Jajpur for alleged commission of offence punishable under Sections l26(2)/ 296/ 308(6)/ 351(2)/ 3(5) BNS, 2023. 4. It is stated by the learned counsel for the Petitioner that
Page 2 of 3. the present Petitioner is in languishing in custody since
10.11.2025. He further contended that the Petitioner has been falsely implicated in the present case due to political rivalry with the local leaders. It was also contended that although the Petitioner is having some criminal antecedents, however, such cases are mostly on the basis of false implication of the Petitioner in criminal cases by his rivals. He further submitted that in the meantime the investigation has been concluded and the final charge sheet has been filed. Therefore, further custodial detention of the Petitioner in the present case is not required. It was also contended that the petitioner belongs to the locality and therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on bail on the grounds of the gravity and seriousness of the allegations. He further contended that the Petitioner is a habitual offender having several cases registered against him. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture. 6. Having regard to the submissions made by the learned counsel appearing for the parties, on a careful examination of the nature of the allegation as well as the fact that the
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investigation has been concluded and charge sheet has been filed, further keeping in view the period of custodial detention, this Court is inclined to release the Petitioner on bail subject to such terms and conditions as would be deemed just and proper by the Court in seisin over the matter. Release of the Petitioner shall also be subjection to following conditions that:- I) shall not leave the jurisdiction of the learned trial court without its prior permission till conclusion of the trial. II) Shall appear before the local police station once in a fortnight for a period of three months, preferably on a Sunday between 10.00 AM. to 1.00 PM., and thereafter once in a month for a further period of three months. Violation of any of the terms and conditions shall entail cancellation of bail. 7. The BLAPL is, accordingly, disposed of. (A.K. Mohapatra)
Judge Rubi