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2026 DAILYLAW 9980 (ORI)

LIPU @ NIRAKAR NAIK v. STATE OF ODISHA

BLAPL/1258/2026 · 2026-03-19

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1258 of 2026 Lipu @ Nirakar Naik … Petitioner Mr. P. Panigrahi, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 19.03.2026 01. 1. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Tumsingha P.S. Case No.49 of 2025 corresponding to C.T. (Sessions) Case No.112 of 2025 pending in the Court of learned Addl. District & Sessions Judge, Kamakhyanagar, for commission of offence punishable U/S.103(1) of BNS, on the main allegation of committing matricide. 2. Heard, Mr. Panchanan Panigrahi, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 3. After having considered the rival submissions upon perusal of record, there appears no dispute that the case rests on circumstantial evidence, but one of the important circumstances is giving recovery of weapon of offence by the petitioner pursuant to his disclosure statement, however, the witnesses to the disclosure statement while being examined as PWs.7 & 10 have not supported the prosecution case. Besides, 10 out of 32 charge sheeted witnesses have already been examined, but they have not specifically deposed against the petitioner. In the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 06.03.2025 and there being no direct evidence available against the petitioner and keeping in view the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail. 4. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with one solvent surety 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 are dispensed with and he shall cooperate the trial in the present case. 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. 5. 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 S.Sasmal Designation: Jr. Stenographer