The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Bholanath Nahak @ Bholanath @ Bhola Nahak (In BLAPL No.13101 of 2024) Sangram Keshari Parida @ Sangram Parida (In BLAPL No.1264 of 2025) Bikram Parida (In BLAPL No.1577 of 2025) Sanjaya Routa @ Raut (In BLAPL No.4074 of 2025) Litu Nahak (In BLAPL No.6292 of 2025) … Petitioners Mr. J. Sahoo, Advocate (in BLAPL Nos.13101 of 2024 & 1264 of 2025) Mr. M.K. Biswal, Advocate (in BLAPL No.1577 of 2025) Mr. J. Katikia, Advocate (in BLAPL No.4074 of 2025) Mr. S.K. Dash, Advocate (in BLAPL No.6292 of 2025) State of Odisha … Opposite Party -versus- Mr. M.K. Mohanty, Addl. PP Mr. B.K. Ragada, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 08.07.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these five 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
Legal Reasoning
the learned counsel for the parties. Page 1 of 6 Order No. 03. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Kodala PS Case No.482 of 2023 corresponding to Sessions Trial No.38 of 2024 (GR Case No.395 of 2023) pending in the file of learned Additional District & Sessions Judge, Kodala, for commission of offences punishable U/S.364/ 201/ 302/ 120-B/ 212/ 34 of IPC r/w Sections 25(1-B)(a)/25(1-B)(b) of Arms Act, on the allegation of abducting the deceased Dipu Patra and committing his murder by assaulting him with deadly weapons, along with co-accused persons pursuant to a conspiracy and causing disappearance of evidence by throwing the dead body in furtherance of their common intention. 4.
Legal Reasoning
Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioners in BLAPL Nos.13101 of 2024 and 1264 of 2025; Mr. Mitu Kumar Biswal, learned counsel for the petitioner in BLAPL No.1577 of 2025; Mr. Janmejaya Katikia, learned counsel for the petitioner in BLAPL No.4074 of 2025; Mr. Soubhagya Kumar Dash, learned counsel for the petitioner in BLAPL No.6292 of 2025; Mr. Bijaya Kumar Ragada, learned counsel for the informant and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for abducting and committing murder of the deceased, but material witnesses like Sambhu Page 2 of 6 Khuntia, Bhagaban Parida, Satya Patra and Rudra Patra are yet to be examined. It is, however, contended that despite efforts by the learned trial Court, these witnesses are not turning up, but the petitioner Sangi @ Sangram Parida is having six criminal antecedents, whereas the other petitioners are having few criminal antecedent, like one or two. However, the learned trial Court has also raised an apprehension of tampering of prosecution evidence by the petitioners. True it is that not only the name of the petitioner Bholanath Nahak @ Bholanath @ Bhola Nahak does not find place in the FIR, but also the aforesaid material witnesses has not taken his name in their statements and the said petitioner is in custody since 13.10.2023. It is also not in dispute that co-accused Rakesh Nayak @ Babulu who is standing on similar footing with the petitioner Bholanath Nahak @ Bholanath @ Bhola Nahak has been granted bail by a Co-ordinate Bench of this Court in BLAPL No. 8490 of 2024. It is of course true that this Court has granted liberty to the petitioner in BLAPL No. 1064 of 2024 to renew his bail plea before this Court after examination of so called eye witnesses and if the material witnesses are not being examined within six months, the petitioner therein may renew his prayer for bail, but although six months has elapsed, looking at the effort of the learned trial Court to examine the material witnesses, this Court does not feel it proper to release the said petitioner Sanjaya Routa @ Rout on the ground that material Page 3 of 6 witnesses are yet to be examined despite passing of six months. It is, however, in the domain of the learned trial Court to take appropriate steps to summon the witnesses who are staying at Surat in terms of the report of the Process Server by taking help of the Gujarat Police through SP, Ganjam. 6. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record and regard being had to the criminal proclivity of some of the petitioners and the eye witnesses having not whispered the name of petitioner-Bholanath Nahak @ Bholanath @ Bhola Nahak, this Court while being not inclined to grant bail to the other petitioners in BLAPL Nos. 1264, 1577, 4074 & 6292 of 2025, considers it proper to grant bail to the petitioner Bholanath Nahak @ Bholanath @ Bhola Nahak in BLAPL No. 13101 of 2024. 7. Hence, the bail applications in BLAPL Nos.1264, 1577, 4074 & 6292 of 2025 are hereby rejected, but the bail application of the petitioner Bholanath Nahak @ Bholanath @ Bhola Nahak in BLAPL No.13101 of 2024 stands allowed and only the petitioner Bholanath Nahak @ Bholanath @ Bhola Nahak is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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:- Page 4 of 6 the petitioner-Bholanath Nahak @ (i) Bholanath @ Bhola Nahak shall not commit any offence while on bail, the petitioner-Bholanath Nahak @ (ii) Bholanath @ Bhola Nahak in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner 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 Petitioner for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner-Bholanath Nahak @ Bholanath @ Bhola Nahak 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, (iv) the petitioner-Bholanath Nahak @ Bholanath @ Bhola Nahak shall report attendance before the jurisdictional Police Station once in a 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 his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner-Bholanath Nahak @ Bholanath @ Bhola Nahak 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 petitioner 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, Page 5 of 6 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. 8. Accordingly, the BLAPL No.13101 of 2024 and BLAPL Nos.1264, 1577, 4074, 6292 of 2025 stand
Decision
disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2025 13:49:35 Page 6 of 6