Lembu @ Lambodhar @ Lambodar Nayak v. State of Orissa

Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 15.07.2025

This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These two bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Banharpalli PS Case No.10 of 2023 arising out of CT Case No.153 of 2023 pending in the Court of learned Addl. Sessions Judge, Jharsuguda, for commission of offences punishable U/Ss. 302/201/34 of IPC, on the allegation of committing murder of one Dambaru Dhara Patra.

Heard, Mr. Debashis Routray, learned counsel for both the petitioner in BLAPL No.4881 of 2025; Mr. Satgopal Dash, learned counsel for the petitioner in BLAPL No.6369 of 2024 and Mr. A. Pradhan, learned Additional Public Prosecutor and perused the record.

After having considered the rival submissions upon perusal of records, there appears some allegations against the petitioners, but the allegation is only based on the confession of co-accused persons. However, in terms of the submission of learned Addl. Public Prosecutor, exact cause of death of the deceased could not be ascertained, since the skeletal remains of the deceased was only found, however, the petitioners are in custody since more than last two years.

In view of the above facts and after having considered the rival submission and on going through the material placed on record together with the right of the accused to be presumed innocent until proven guilty, this Court without expressing any view on merits admits the Petitioners Lembu @ Lambodhar @ Lambodar Nayak and Damayanti Nayak to bail.

Hence, these two bail applications of the petitioners namely Lembu @ Lambodhar @ Lambodar Nayak in BLAPL No.4881 of 2025 and Damayanti Nayak in BLAPL No.6369 of 2024 are allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 with following conditions:- (i) the petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date fail unless his of posting without attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS,2023 accordance with law, (iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court, petitioners report (iv) Jurisdictional attendance before Police Station once fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. in a The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, these BLAPL Nos. 4881/2025 and 6369 of 2024 stand disposed of.

Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna Signature Not Verified Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Jul-2025 16:33:29