Priyabrata Tripathy v. State of Orissa

Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL)27.07.2026

#1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Madhupatna PS Case No.61 of 2026 corresponding to GR Case No.219 of 2026 pending in the file of learned JMFC(IV) Cog. Taking Court, Cuttack for commission of offences punishable U/Ss. 103(1)/238/303(2)/3(5) of BNS r/w Sections 25/27 of the Arms Act, on the main allegation of committing murder of one Somya Ranjan Jena by firing at him, along with co-accused persons and to cause disappearance of evidence to screen themselves from the legal punishment.

#2. Heard Mr. Susanta Kumar Samantaray, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record together with the written instruction as submitted.

#3. After having considered the rival submissions upon perusal of record, there appears allegation against co-accused-Huku @ Utkal Keshori Pasayat for firing at the deceased, but the main allegation against the Petitioner is for concealing the fire arms in his house. In the aforesaid situation and taking into account the materials so placed on record and regard being had to the pre-trial detention of the petitioner in custody since

20.02.2026 with submission of charge-sheet in the meantime and there being no criminal antecedent reported against the Petitioner except one case and keeping in view the other circumstances on record in entirety including the inherent right of the accused- petitioner to be presumed innocent until proven guilty at the trial and the materials on record not disclosing about any role of the petitioner in firing the deceased nor remaining present at the scene of occurrence at the relevant time of firing, this Court without expressing any view on merit admits the petitioner to bail.

#4. 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.

#5. 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) Priyajit Judge