In bail applications, the court emphasizes not to deeply analyze evidence but consider the nature of allegations and the circumstances of each petitioner, while allowing bail based on parity for similarly situated accused.

JUDGMENT :

G. SATAPATHY, J.

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

2. These are bail applications U/S.483 of the BNSS by the petitioners for grant of bail in connection with Khallikote P.S. Case No.414 of 2024 corresponding to S.T. Case No.60 of 2024 pending in the file of learned Addl. Sessions Judge, Khallikote, for commission of offences punishable U/Ss.147/148/341/323/307/324/326/302/120-B/149 of IPC r/w sec. 25(1)(a)/ 27(1) of the ARMS ACT .

3. The allegations against the petitioners emerge out of FIR lodged by the informant who is the father of the deceased-cum-himself a injured, are that the brother-in-law of the deceased and two to three others had been to affix posters of a political party on a particular place of the village which was protested by one co-accused namely Sudarshan Pahana @ Mandha leading to a quarrel between the deceased and his supporters on one side and the petitioners and others on the other side and in such quarrel, the deceased as well as injured Jitendra Pahana, Abhimanyu Pahana, Bapuji Pahana @ Chintu, Birat Pahana and the informant were assaulted by means of sword and iron rods and accordingly, they were provided with treatment at different places, but the deceased succumbed to the injuries. Accordingly, the FIR in Khallikote PS Case No. 414 of 2024 was registered against 9 known accused persons and 15 to 20 others, but charge sheet was placed against 23 accused persons, out of whom 15 co-accused have already been granted bail.

4. Heard, Mr. Dharanidhar Nayak, learned Senior Counsel, who is being assisted by Mr. Pratik Nayak, learned counsel for the petitioners in BLAPL Nos. 2715 & 1253 of 2025; Mr. Durga Prasad Nanda, learned Senior Counsel, who is being assisted by Mr. Suryakanta Dwibedi, learned counsel for the petitioner in BLAPL No. 1215 of 2025; Mr. Debi Prasad Dhal, learned Senior Counsel, who is being assisted by Mr. Bhabani Shankar Dasparida, learned counsel for the petitioner in BLAPL No.1227 of 2025; Mr. Jyotirmaya Sahoo, learned counsel for the petitioner in BLAPL No. 1516 of 2025; Mr. Lalatendu Samantaray, learned counsel for the petitioner in BLAPL No. 1818 of 2025; Mr. A.A. Mishra, learned counsel for the petitioner in BLAPL No. 1931 of 2025; Mr. M.K. Mohanty, learned Addl. Public Prosecutor; Mr. Bijaya Kumar Ragada, learned counsel for the informant in BLAPL Nos. 2715, 1215, 1227, 1516, 1881 & 1931 of 2025 and Mr. Himanshu Sekhar Mishra, learned counsel for the informant in BLAPL No. 1253 of 2025.

5. Learned Sr. Counsels appearing for the respective petitioners submit in tandem that the petitioners are in custody for a substantial period and material witnesses like PW3, 4, 8 and 9 having already examined in the trial have only testified in omnibus manner about the culpability of the petitioners in this case and even if, the evidence of these material witnesses are considered, the petitioners being found only to have assaulted the injured persons in a quarrel upon a sudden fight and the injuries to the injured being not on vital part and also the deceased being assaulted to hand which is not a vital part, the further detentions of the petitioners in custody is unwarranted, especially when 15 co-accused persons have already been granted bail in this case and accordingly, the learned Sr. Counsels have prayed for grant of bail to the petitioners for whom they are appearing.

5.1. Learned counsels for the rest of the petitioners in BLAPL No. 1516 of 2025, BLAPL No. 1818 of 2025 and BLAPL No. 1931 of 2025 submit that the petitioners’ presence only being noted at the