Nilamani Behera v. This matter
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Bharatiya Nyaya Sanhita, 2023 ss. 109(1), 115(2), 296, 324(4), 351(3)
Key paragraphs
- Para 66. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to concerned Court, who afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Subhasmita Judge Signature Not Verified Digitally Signed Signed by: SUBHASMITA…
Judgment
Mr. O.P. Saran, Advocate -versus- … Opposite Party Mr. R.B. Mishra, Addl. PP Order No. 01. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 26.02.2026
#1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
#2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Dhenkanal Gondia PS Case No.314 of 2025 corresponding to GR Case No.523 of 2025 pending in the file of learned JMFC, Gondia, Dist-Dhenkanal, for commission of offences punishable U/Ss.296/324(4)/ 115(2)/109(1)/351(3) of BNS, on the main allegation of attempting to the life of the injured Pabitra Behera by assaulting to his head by hammer.
#3. Heard, Mr. Om Prakash Saran, learned counsel appearing virtually for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record including the injury report.
#4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 10.12.2025 with substantial progress in investigation and the injury sustained by the injured being opined to be simple in nature by the doctor and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail.
#5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only 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.
#6. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to concerned Court, who afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Subhasmita Judge Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 27-Feb-2026 16:20:49
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