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2090 DAILYLAW 2 (ORI)

DEVGAN @ PRAKASH @ NARAYAN KHERWAR v. STATE OF ODISHA

BLAPL/2090/2026 · 2026-04-27

Sibo Sankar Mishra

body2090

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2090 of 2026 Devgan @ Prakash @ Narayan Kherwar …. Petitioner(s) Mr. Chiranjib Rout, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 02. 1. Heard. 2. The petitioner is an accused in connection with Talcher P.S. Case No.236 of 2013 corresponding to C.T.(S) Case No.70 of 2025 registered on the allegation of the commission of offences under Sections 302/34 of I.P.C. read with Section 25/27 of the Arms Act pending in the Court of the learned Additional Sessions Judge, Talcher. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 10.12.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on the night of 27/28.07.2013 at about 2:00 a.m., co-accused Deepak Choudhry and his associates, at the weekly market of Angarua, Talcher, killed the complainant’s husband, Devaraj Gope, who succumbed to a gunshot injury. It is further alleged that the culprits also fired at Jagabandhu Kherual, who sustained a gunshot injury to his head. Subsequently, the complainant lodged a written report before the IIC, Talcher P.S., on the basis of which Talcher P.S. Case No. 236 dated 28.07.2013 was registered under Sections 302/307/34 IPC read with Sections 25/27 of the Arms Act. 6. Mr. Nayak, learned Additional Government Advocate for the State submits that the eye witness of the occurrence, namely, Simran Devi, has not yet been examined. 7. This is a case of double murder. Therefore, I am not inclined to admit the petitioner to bail at this stage. However, liberty is granted to the petitioner to renew his bail plea after the eye witness of the occurrence is examined. It is expected that the learned trial Court may do well to see that the eye witnesses are examined preferentially over all other witnesses. 8. With this observation, the BLAPL is disposed of. (S.S. Mishra) Judge Swarna