Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3041 of 2026
(1) Ajay Majhi (2) Lusian Raita (3) Seletin Raita (4) Pramod Raita (5) Isak Raita (6) Siman Raita (7) Rabi Majhi …. Petitioner(s)
Mr. Soubhagya Kumar Dash, Advocate
-versus-
State of Odisha …. Opposite Party(s)
Ms. Suvalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 02.05.2026
01.
1. Heard.
2. The petitioners are the accused in connection with G.R. Case No.43 of 2025 corresponding to Mohana P.S. Case No.42 of 2025 registered on the allegation of the commission of the offences under Sections 191(2)/191(3)/121/122/285/109(1)/296/74/303(2)/3 51(2)/304(2)/262/190/324(3) of B.N.S., 2023 read with Section 7 of the Criminal Law (Amendment) Act
and Section 25/27 of the Arms Act pending in the Court of the learned Additional Sessions Judge, Paralakhemundi in S.T. Case No.55 of 2025.
3. The petitioners had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 16.03.2026 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.
4.
Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners are pending in any other Court relating to the aforesaid F.I.R.
5. The prosecution case, in brief, is that on 21.03.2025 at about 3:00 A.M., a police team from Mohana Police Station proceeded to village Pidari to conduct a raid in connection with the illegal storage of contraband ganja. During the raid, approximately 20 quintals and 11 kilograms of ganja were seized, and eight accused persons were apprehended. While
returning with the seized contraband and the apprehended accused, it is alleged that nearly 200 villagers from Juba and Pidari obstructed the police party by felling roadside trees and placing large stones on the road. The mob allegedly damaged police vehicles, assaulted police personnel using bricks, lathis, and stones, snatched mobile phones and gold chains, and misbehaved with lady constables. It is further alleged that the mob attempted to kill SI Sunil Sethi by strangulation and also pointed a firearm at DSP Amitabh Panda. In connection with the said occurrence, the present petitioners, along with several others, were named in the FIR as members of the unlawful assembly that obstructed and attacked the police. On the basis of the said allegations, the aforesaid P.S. case was registered under the relevant offences against about 200 named and unnamed accused persons. Hence, this case.
6.
Learned counsel for the petitioner submits that earlier the co-accused persons had approached this Court by filing BLAPL No.6024 of 2025, BLAPL No.9818
of 2025 and BLAPL No.12419 and they have been enlarged on bail. He further submits that although the learned trial Court in the impugned order noticed that the co-accused persons have already granted bail but refused to enlarge the present petitioners on the ground of parity. Hence, they have approached this Court by filing the present application. The petitioners are in custody since 04.09.2025.
7.
Learned counsel for the State has not seriously objected the bail as other similarly situated co-accused have been granted regular bail by the coordinate Benches of this Court.
8. Regard being had to the nature of allegation and the fact that the co-accused persons have already enlarged on bail, I am inclined to release the petitioners on bail, subject to the following additional conditions:- (i) The petitioners shall appear before the trial Court on each date on which the case is posted for trial without fail. (ii) They shall not leave the jurisdiction of the trial Court till disposal of the trial.
(iii) They shall not tamper with the evidence in any manner whatsoever. Violation of any of the conditions shall entail
consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.
9. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna