Hemant Soren v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Indian Penal Code, 1860 ss. 302, 376(1)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
Key paragraphs
- Para 1111. Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-May-2026 19:58:48
Judgment
Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioner and ORDER 04.05.2026 learned counsel for the State.
The Petitioner is an accused in connection with C.T. Case No.84 of 2024 pending on the file of learned 2nd Addl. Sessions Judge, Mayubhanj, Baripada, arising out of Jharpokharia P.S. Case No.20 of 2024 for commission of offence alleged under Sections 376(1)/302 of IPC.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned Sessions Judge, Mayubhanj, Baripada by order dated 20.01.2026 in the aforementioned case, the present BLAPL has been filed.
The allegation against the Petitioner is that in the absence of informant, the Petitioner, who is his brother-in-law, came to his house and committed rape to his wife and thereafter, the Petitioner assaulted his wife by means of a wooden flank on her face and shoulder and she was died.
It is submitted by the learned counsel for the Petitioner that taking into account the evidence on record, there is no material to connect the Petitioner with the alleged offence. Hence, Petitioner may be released on bail and in this context reference is made to the evidence of P.W.9, the informant and P.W.6.
Learned counsel for the State opposes such prayer, referring to the statement of CSW.18-Suru, who is yet to be examined.
It is submitted by the learned counsel for the State that the alleged weapon of the offence was recovered at the instance of present Petitioner and the same contains blood stains. Hence, the Petitioner ought not to be enlarged on bail at this stage.
Considering the rival submission, this Court is not inclined to entertain this bail application at this stage.
Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of CSW.18-Suru, which shall be considered on its own merits.
Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-May-2026 19:58:48
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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