The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL Nos.2715, 1215, 1227, 1253, 1516, 1818 & 1931 of 2025 (In the matter of applications under Section 483 of BNSS, 2023). … Petitioners Sankarprasad Pradhan (In BLAPL No.2715 of 2025) Papu Tarei (In BLAPL No.1215 of 2025) Sibaram Tarei @ Raja (In BLAPL No.1227 of 2025) Raju Tarei (In BLAPL No.1253 of 2025) Asish Sahu @ Panda (In BLAPL No.1516 of 2025) Kartika Parida (In BLAPL No.1818 of 2025) Sukanta Tarei @ Kalia @ Babu (In BLAPL No.1931 of 2025) Mr. D. Nayak, Sr. Advocate along with Mr. P. Nayak, Advocate (in BLAPL No.2715 & 1253 of 2025) Mr. D.P. Nanda, Sr. Advocate along with Mr. S. Dwibedi, Advocate (in BLAPL No. 1215 of 2025) Mr. D.P. Dhal, Sr. Advocate along with Mr.B.S. Dasparida, Advocate (in BLAPL No.1227 of 2025) Mr. J. Sahoo, Advocate (in BLAPL No.1516 of 2025) Mr. L. Samantaray, Advocate (in BLAPL No.1818 of 2025) Mr. A.A. Mishra, Advocate (in BLAPL No.1931 of 2025) -versus- BLAPL Nos.2715 of 2025 & Other cases Page 1 of 12 State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP Mr. B.K. Ragada, Advocate(Informant) (In BLAPL No. 2715, 1215,1227, 1516, 1818 & 1931 of 2025) Mr. H.S. Mishra, Advocate(Informant) (In BLAPL No. 1253 of 2025) CORAM: JUSTICE G. SATAPATHY DATE OF HEARING &JUDGMENT:11.08.2025 G. Satapathy, J. 1. Since these seven bail applications arise out of one and same case record, the same are taken up together and disposed of by this common order with
Legal Reasoning
the consent of the learned counsel for the parties. 2. These are bail applications U/S.483 of the BNSS by the petitioners for grant of bail in connection with Khallikote P.S. Case No.414 of 2024 corresponding to S.T. Case No.60 of 2024 pending in the file of learned Addl. Sessions Judge, Khallikote, for commission of offences punishable U/Ss. BLAPL Nos.2715 of 2025 & Other cases Page 2 of 12 147/148/341/323/307/324/326/302/120-B/149 of IPC r/w sec. 25(1)(a)/ 27(1) of the Arms Act. 3. The allegations against the petitioners emerge out of FIR lodged by the informant who is the father of the deceased-cum-himself a injured, are that the brother-in-law of the deceased and two to three others had been to affix posters of a political party on a particular place of the village which was protested by one co-accused namely Sudarshan Pahana @ Mandha leading to a quarrel between the deceased and his supporters on one side and the petitioners and others on the other side and in such quarrel, the deceased as well as injured Jitendra Pahana, Abhimanyu Pahana, Bapuji Pahana @ Chintu, Birat Pahana and the informant were assaulted by means of sword and iron rods and accordingly, they were provided with treatment at different places, but the deceased succumbed to the injuries. Accordingly, the FIR in Khallikote PS Case No. 414 of 2024 was registered against 9 known accused persons and 15 to 20 others, but charge sheet was placed against 23 accused BLAPL Nos.2715 of 2025 & Other cases Page 3 of 12 persons, out of whom 15 co-accused have already been granted bail. 4.
Legal Reasoning
Heard, Mr. Dharanidhar Nayak, learned Senior Counsel, who is being assisted by Mr. Pratik Nayak, learned counsel for the petitioners in BLAPL Nos. 2715 & 1253 of 2025; Mr. Durga Prasad Nanda, learned Senior Counsel, who is being assisted by Mr. Suryakanta Dwibedi, learned counsel for the petitioner in BLAPL No. 1215 of 2025; Mr. Debi Prasad Dhal, learned Senior Counsel, who is being assisted by Mr. Bhabani Shankar Dasparida, learned counsel for the petitioner in BLAPL No.1227 of 2025; Mr. Jyotirmaya Sahoo, learned counsel for the petitioner in BLAPL No. 1516 of 2025; Mr. Lalatendu Samantaray, learned counsel for the petitioner in BLAPL No. 1818 of 2025; Mr. A.A. Mishra, learned counsel for the petitioner in BLAPL No. 1931 of 2025; Mr. M.K. Mohanty, learned Addl. Public Prosecutor; Mr. Bijaya Kumar Ragada, learned counsel for the informant in BLAPL Nos. 2715, 1215, 1227, 1516, 1881 & 1931 of 2025 and Mr. BLAPL Nos.2715 of 2025 & Other cases Page 4 of 12 Himanshu Sekhar Mishra, learned counsel for the informant in BLAPL No. 1253 of 2025. 5. Learned Sr. Counsels appearing for the respective petitioners submit in tandem that the petitioners are in custody for a substantial period and material witnesses like PW3,4,8 and 9 having already examined in the trial have only testified in omnibus manner about the culpability of the petitioners in this case and even if, the evidence of these material witnesses are considered, the petitioners being found only to have assaulted the injured persons in a quarrel upon a sudden fight and the injuries to the injured being not on vital part and also the deceased being assaulted to hand which is not a vital part, the further detentions of the petitioners in custody is unwarranted, especially when 15 co-accused persons have already been granted bail in this case and accordingly, the learned Sr. Counsels have prayed for grant of bail to the petitioners for whom they are appearing. 5.1. Learned counsels for the rest of the petitioners in BLAPL No. 1516 of 2025, BLAPL No. 1818 BLAPL Nos.2715 of 2025 & Other cases Page 5 of 12 of 2025 and BLAPL No. 1931 of 2025 submit that the petitioners’ presence only being noted at the spot without any overt act attributed to them can be easily said to have been similarly situated with co-accused persons granted bail earlier in this case and accordingly, the learned counsels pray to grant bail to the petitioners in these bail applications. 5.2. Mr. H.S. Mishra, learned counsel for the informant in BLAPL No. 1253 of 2025 submits that since trial having already commenced with examination of 9 witnesses in the meantime and material witness like the informant being yet to be examined, it would not be permissible to appreciate the evidence of the witnesses and grant bail to the petitioners at this stage. It is further argued by him that the injured witnesses having taken the name of the petitioner-Raju Tarei for assaulting Rama Pahana, the informant by means of a sword, his bail application may kindly be turned down, however, in response to the submission of the learned counsel for the petitioner-Raju Tarei for assaulting the informant by means of a “Thenga” as per the evidence BLAPL Nos.2715 of 2025 & Other cases Page 6 of 12 of PW8, Mr. Mishra submits that it is not the time to appreciate the evidence to find out the exact role or the manner by which the petitioner assaulted the injured inasmuch as there are other eye witnesses to the occurrence including the informant who are yet to be examined. Mr. Mishra accordingly, prays to reject the bail application of the petitioner-Raju Tarei. 5.3. Mr. B.K. Ragada, learned counsel for the informant in the rest of the bail applications, however, submits that the injured eye witness-cum-informant is yet to be examined and the evidence of witness so far examined clearly spells out the role played by each of the petitioners in assaulting the deceased and the injured persons and so far the co-accused persons except accused-Kalu @ Kalia Pradhan released on bail does not stand on similar footing with the present petitioners, but co-accused Kalia Pradhan has secured bail by suppressing material facts, for which the informant has preferred a SLP before the Apex Court. Mr. Ragada further submits that the petitioners Papu Tarei, Raja Tarei, Kartika Parida having participated in BLAPL Nos.2715 of 2025 & Other cases Page 7 of 12 the crime actively and were stated by the injured witnesses to have assaulted them and the deceased, they may not kindly be admitted to bail. Mr. Ragada also relies the judgment of the Apex Court in X Vrs. State of Rajastan; (2024) SCC Online SC 3539 to refuse bail to the petitioners. 5.4. Mr. M.K. Mohanty, learned Addl. Public Prosecutor, however, strongly opposes the bail applications of the petitioners on the ground that six eye witnesses are yet to be examined and in case of grant of bail, the petitioners would influence those witnesses. He further submits that the material witnesses so far examined have clearly testified in the Court about petitioners-Papu Tarei, Raja Tarei, Kartika Parida and Raju Tarei assaulting the deceased and the injured persons by means of lethal weapons including sword. On these submissions, Mr. Mohanty prays to reject the bail applications of the petitioners. 6. After having considered the rival submissions upon perusal of record, it is not in dispute that 9 witnesses have already been examined in this BLAPL Nos.2715 of 2025 & Other cases Page 8 of 12 case, but the informant and some other eye witnesses are yet to be examined, but law is well settled that detail analysis of evidence and meticulous examination of documents on merits should be avoided at the time of consideration of bail applications. It is, however, not in dispute that 15 co-accused persons have already been granted bail by a Coordinate Bench of this Court, but they stand on a different footing with that of some of the present petitioners inasmuch as there is allegation against the petitioners-Papu Tarei, Raja Tarei and Raju Tarei for assaulting the deceased and injured persons by lethal weapons allegedly supplied by petitioner-Kartika Parida, however, there is allegation against some of the co-accused persons for assaulting the injured and deceased by giving fist and kick blows. In such scenario, especially when the informant and some eye witnesses are yet to be examined, it would not be proper to grant bail to those petitioners who have allegedly assaulted either the deceased or the injured persons with lethal weapons or the petitioner who had allegedly supplied the lethal weapons to the BLAPL Nos.2715 of 2025 & Other cases Page 9 of 12 co-accused persons at the time of occurrence. Besides, it cannot be forgotten that petitioner-Raju Tarei has 13 criminal antecedents including another case of 302/34 of IPC and Kartika Parida has got 3 criminal antecedents. 7. In view of the above facts and taking into consideration the nature and gravity of the offences alleged against the petitioners vis-à-vis the allegations sought to be brought against them and the materials collected in support thereof and keeping in view the number & nature of injuries sustained by the deceased & the injured persons and the role as alleged against each of the petitioners and on going through the material accusations against the petitioners together with the evidence of material witnesses and taking into account the circumstances under which the occurrence took place and its impact on society at large and regard being had to the no specific allegations made against the petitioners Sankarprasad Pradhan, Asish Sahu @ Panda and Sukanta Tarei @ Kalia @ Babu for attacking or assaulting the deceased and injured persons by BLAPL Nos.2715 of 2025 & Other cases Page 10 of 12 means of any lethal weapons, this Court while being not inclined to grant bail to the petitioners-Papu Tarei, Raja Tarei, Kartika Parida and Raju Tarei considers it proper to admit the petitioners-Sankarprasad Pradhan, Asish Sahu @ Panda and Sukanta Tarei @ Kalia @ Babu to bail by extending the principle of parity. 8. Hence, while rejecting the bail applications of the petitioner Papu Tarei in BLAPL No.1215 of 2025, Sibaram Tarei @ Raja in BLAPL No.1227 of 2025, Raju Tarei in BLAPL No.1253 of 2025 and Kartika Parida in BLAPL No.1818 of 2025, the three bail applications of the petitioners namely Sankarprasad Pradhan, Asish Sahu @ Panda and Sukanta Tarei @ Kalia @ Babu in BLAPL Nos. 2715, 1516 and 1931 of 2025 are allowed and the three petitioners namely-Sankarprasad Pradhan, Asish Sahu @ Panda and Sukanta Tarei @ Kalia @ Babu are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each 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. BLAPL Nos.2715 of 2025 & Other cases Page 11 of 12 9. Accordingly, the BLAPL Nos. 2715, 1215, 1227, 1253, 1516, 1818 & 1931 of 2025 stand
Decision
disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 11th day of August, 2025/Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 18-Aug-2025 15:32:02 BLAPL Nos.2715 of 2025 & Other cases Page 12 of 12