Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 8875 (ORI)

MARKANDA PAIK @ MARKANDA PAIKA v. STATE OF ODISHA

BLAPL/3744/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3744 of 2026 Markanda Paik @ Markanda Paika … Petitioner Mr. S.K. Dash, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Mohana PS Case No. 118 of 2025 corresponding to ST Case No. 91 of 2025 pending in the Court of learned Additional Sessions Judge, Parlakhemundi, Dist- Gajapati for commission of offences punishable U/Ss. 127(2)/103(2)/238(a)/140(1)/3(5) of BNS, on the main allegation of committing murder of the deceased Karuna Dalai by assaulting him with deadly weapons on suspicion of deceased practizing witch craft and burying the dead body in an isolated place to cause disappearance of evidence to screen themselves from legal punishment, along with co-accused persons in furtherance of their common intention. Page 2 of 3 3. Heard, Mr. Soubhagya Kumar Dash, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 4. Admittedly, the petitioner is renewing his prayer for bail after examination of witness- PW.1- Neta Mallick and PW.2- Mami Mallick who are the witnesses to the extra judicial confession of the petitioner, but PWs.1 and 2 have not supported the prosecution allegation against the petitioner. Besides, the petitioner is in custody since 16.08.2025 and the principal item against the petitioner is his extra judicial confession before PWs.1 and 2. In the aforesaid facts and situation and taking into account the pre-trial detention of the petitioner in custody and there being no direct evidence available on record against the petitioner and the witnesses to extra judicial confession of the petitioner having turned hostile to the prosecution case and grant of bail to co-accused Banamali Mallick, Keswar Mallick, Kalia Mallic @ Kalia Mallick @ Chaitanya Mallik @ Chaitanya Mallick, Mohan Mallick, Damodar Mallick, Chaitanya Mallick, Santosh Mallick, Sankar Mallick and Lachaman Malik @ Lachaman Mallick @ Laxman Mallick @ Lachaman in BLAPL Nos. 1882 of 2026, 1886 of 2026, 1887 of 2026, 1889 of 2026, 1890 of 2026, 1891 of 2026, 1892 of 2026, 1893 of 2026 and 1894 of 2026, this Court without expressing any view on merit admits all of the petitioner to bail. Page 3 of 3 5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:- (i) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Priyajit