Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2883 of 2026
Hiran Kumar Suna …. Petitioner
Mr. S.K. Rout, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 01.05.2026
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.183 of 2026, pending in the Court of learned S.D.J.M., Koraput, arising out of Koraput Sadar P.S. Case No.39 of 2026, for commission of alleged offences U/s. 85, 115 (2), 109(1), 351(3) of BNS, 2023.
3.
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.
4. Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the
learned Addl. Sessions Judge, Koraput by order dated 17.03.2026, the present BLAPL has been filed.
5. The case of the prosecution is that informant was married to the present petitioner about five years ago, and they are blessed with a three-year-old son. It is alleged that after three years of marriage, the petitioner, under the influence of alcohol, frequently assaulted her without any provocation and maintained a relationship with another woman. It is further alleged that the present petitioner also threatened her in dire consequences if she will not leave his house. On 20.2.2026 at about 8.30 A.M. the informant asked about her phone and being envisaged the petitioner assaulted her with a khadu, for which she became unconscious and shifted to medical.
6. It is submitted by the learned counsel for the Petitioner that the charge sheet has already been filed on 21.04.2026 and referring to the injury report, it is submitted that injury suffered is simple and the Petitioner has not been implicated, inter alia, under Section 109 of BNS. Hence, he may be released on bail.
7.
Learned counsel for the State opposes such prayer.
8. Considering the submission of the learned counsel for the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be
fixed by the learned Court in seisin subject to verification of assertion relating to non-citing of Section 109 of BNS in the charge sheet.
9. If it comes to fore that the Petitioner has implicated under Section 109 of BNS, this order shall not be given effect to.
10. Accordingly, the BLAPL stands disposed of. U.C.C as per rules.
(V. NARASINGH)
Judge Soumya
Designation: Jr. Stenographer