The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9612 of 2025 Sankar @ Sankarsan Debata …. Petitioner(s) Mr. Debi Prasad Dash, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 02. 1. 2.
Decision
ORDER 18.12.2025 Heard. The petitioner is an accused in connection with S.T. Case No.244 of 2023 arising out of Bentkar (42 Mouza) P.S. Case No.90 of 2023 corresponding to G.R. Case No.304 of 2023 registered on the allegation of the commission of the offence under Section 302 of I.P.C. pending in the Court of the learned 1st Additional District- cum-Sessions Judge, Cuttack. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 25.08.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. Page 1 of 6 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on 15.03.2023 at about 10.21 P.M., the informant lodged a written report alleging therein that on the same day at about 9.30 A.M., the petitioner had contacted the informant’s husband (the deceased) over telephone and thereafter took him on his motorcycle. Later in the evening, the informant was intimated by 42 Mouza Police that her husband had been found lying unconscious at village Boulakuda and was shifted to S.C.B. Medical College and Hospital, Cuttack. Upon reaching the hospital, the informant came to know that her husband had already been declared dead by the attending doctors. It was further alleged that prior to the occurrence, the petitioner had threatened the deceased over phone with dire consequences. On the basis of the said written information, the present case was registered under Section 302 of I.P.C. 6. The petitioner had earlier approached this Court for grant of bail twice by filing BLAPL No.10926 of 2023 and BLAPL Page 2 of 6 No.915 of 2025. Meanwhile, six witnesses have already been examined. Out of whom, P.Ws.1 and 2, who were supposed to be the eye witnesses to the occurrence, have turned hostile. 7. Ms. Suvalaxmi Devi, learned Additional Standing Counsel for the State read out the confessional statement of the petitioner. As per the said statement, it appears that both the accused and the deceased had consumed liquor together, thereafter went to the house of the deceased for dinner, and while returning, they were consuming cold drinks. At that point of time, the accused-petitioner appears to have said some offensive things against the wife of the deceased. Immediately, the petitioner got provoked, pushed the deceased and assaulted him, as a result of which, the deceased sustained certain injuries. 8. The doctor, who conducted the post-mortem has been examined as P.W.6. He in his testimony has found the following injuries on the body of the deceased:- “i) A linear abrasion of length 1 cm was present on right malar eminence. ii) two numbers of linear abrasions of 0.5 c.m. each were present on left ala and bridge of nose. iii) A linear abrasion of length 0.25 c.m. was present on right side forehead iv) A linear scratch abrasion of length 3 cm. was present just below medial canthus of left eye v) A linear scratch abrasion of length 1 c.m. was present close to laterial aspect of left eyebrow. Page 3 of 6 vi) A linear abrasion of length 0.5 c.m. was present on left side neck, 7 cm. below angle of mandible. All these abrasions look radish in brown in colour.” In the cross-examination, the said doctor (P.W.6) in paragraph-3 has stated as under:- “3. All the injuries be possible tussle between two people. The heart condition mentioned in the report be possible by naturally. Without viscera result I cannot say that the death of the deceased was a natural one but it can be natural and aggravated by stressful situation. The general liquor consume by people contained ethyl alcohol. Excess consumption of liquor can cause death.” The doctor has not given opinion regarding the cause of death. However, reserved the opinion till the viscera report is received. 9. Viscera report has been placed on record, which indicates as under:- “Procedure of examination:- 1. Detection of poisonous compound, alcohol & drugs by Chemical Analysis and TLC Method. Outcome- Ethyl alcohol was detected.” 10. The other witnesses have also testified to the fact that all of them have lastly seen the deceased in the company of the accused. Reading of the evidence which has come on record in unison lead to the only conclusion that the death might have been caused due to excess alcohol taken by the deceased. Moreover, the assault has been caused by sudden provocation and the accused-petitioner has Page 4 of 6 not used any lethal weapon. There is no direct evidence coming to the fore. The petitioner is in custody since 15.03.2023. 11. Regard being had to the period of custody from 15.03.2023 and the fact the trial is proceeding at an expected pace, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall appear before the trial Court on each date on which the case is posted for trial without fail. (ii) He shall not tamper with the evidence in any manner whatsoever. (iii) He shall not come in contact with the family member of the deceased. (iv) He shall not commit any offence while on bail. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such Page 5 of 6 application is moved, the trial Court should decide the application on its own merit. 12. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2025 11:49:19 Page 6 of 6