IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2098 of 2026 Ullash Behera …. Petitioner Mr. S.Sourav, Advocate appearing on behalf of Mr. Samaresh Pattanaik, Advocate -versus- State of Odisha …. Opp. Party Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 15.05.2026 02. 1. The petitioner is an accused in connection with Kujang P.S. Case No.165 of 2025 corresponding to C.T. Case No.86 of 2025 registered for the alleged commission of the offences punishable under Sections 103(1)/3(5) of the BNS, 2023, pending in the Court of the learned Additional District & Sessions Judge, Kujang. The petitioner had approached the learned Additional District & Sessions Judge, Kujang in C.T. Case No.86 of 2025 praying for grant of bail. The learned Court below vide its order dated 12.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. 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. 3. The prosecution case as per the F.I.R. is that on 02.05.2025, the complainant lodged a written report before the P.S. alleging therein that, on 01.05.2025, while her husband returned to their house, at about 8.00 P.M., the accused persons abused her husband in filthy language. Further, it is alleged that, after the complainant returned to the house, she heard that her husband was having an argument over phone with the accused persons. Thereafter, at about 3 A.M., in the morning, one of the accused persons came to their house and informed that her husband was lying near the chaura. Then her son immediately rushed to the spot and found his father having sustained various bleeding injuries lying senseless. Hence, the case. 4. In the present case, the petitioner has assailed the order dated 12.02.2026 passed by the learned Additional District & Sessions Judge, Kujang passed in C.T. Case No.86 of 2025 rejecting the regular bail application of the petitioner. The matter was taken up by this Court on 22.04.2026 and it was adjourned to be listed after the ensuing summer vacation. 5. In the meantime, the co-accused Biswanath Swain @ Babuna had approached this Court seeking regular bail by filing BLAPL No.3095 of 2026, which was allowed by the Coordinate Bench of this Court vide order dated 04.05.2026. Relying upon the said order of the Coordinate Bench, learned counsel for the petitioner submits that he is entitled to parity. As the role ascribed to the co-accused Biswanath Swain @ Babuna is much higher than the role attributed to the petitioner, rather nothing is alleged against the petitioner. Therefore, the petitioner is entitled to be released on bail on the ground of parity alone. In that circumstances, the learned counsel mentioned the matter to be taken up at early date, accordingly the application has been listed today. 6. It’s true that there has been a substantial change of circumstances after the trial court rejected the bail plea of the petitioner vide the order under challenge, hence it would be appropriate for the petitioner to approach the trial Court Subhasis by renewing his bail plea. Liberty is granted to the petitioner to renew his bail application before the trial Court. It is also open for the petitioner to urge all the grounds including the ground of parity. If such application is moved by the petitioner before the trial Court, the learned trial Court shall deal with all the grounds as would be taken by the petitioner and decide bail application afresh on its merit. 7. With the aforementioned observation, the BLAPL is disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.