IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8972 of 2025 Sarat Rana and others … Petitioners Mr. H.S. Mishra, Advocate -versus-

State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 11.11.2025

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

2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Tusura PS Case No.62 of 2025 corresponding to Sessions Case No.40 of 2025 pending in the file of learned Sessions Judge, Bolangir, for commission of offences punishable U/Ss.191(2)/191(3)/296/324(6)/ 103(1)/109/351(3)/190 of BNS, on the main allegation of attacking the deceased Shyam Sundar Bag and his parents namely Radhika Bag and Jugadhar Bag, along with co-accused persons with lethal weapons resulting in death of Shyam Sundar Bag and grievous injuries to Radhika Bag and Jugadhar Bag.

3. In the course of hearing, Mr. Himanshu Sekhar Mishra, learned counsel for the petitioners submits that the petitioners are the innocent persons and they have been falsely framed in this case and in order to get rid of the case lodged by the petitioner’s side, this case has been manufactured. It is further submitted by Mr. Mishra that even if the materials on record are taken into consideration, since the deceased was the aggressor and he having inflicted serious and grievous injuries to petitioner No.4-Tripura Rana and number of injuries to petitioner No.3-Balgopal Rana, the petitioners cannot be held liable for committing murder of the deceased and, therefore, the petitioners having already been in custody for some period with submission of charge-sheet, may kindly be granted bail.

3.1. On the other hand, Mr. M.R. Patra, learned Additional Public Prosecutor in reply, however, strongly opposes the bail application of the petitioner by contending inter-alia that due to severe assault by the petitioners, the deceased died and his parents suffered grievous injuries and, thereby, the petitioners being liable for committing murder of the deceased and attempting to the life of the parents of the deceased, their prayer for bail should be turned down. Mr. Patra, however, does not dispute about the assault and counter assault between the parties and the petitioner Nos.3 and 4 sustaining some injuries.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for attacking the deceased and his parents by lethal weapons, but in the course of hearing, Mr. Mishra has also made available to the Court the certified copy of charge-sheet in the case instituted by one Chuleswar Rana against the deceased and his father for attacking the petitioner Nos.3 and 4, wherein it is found in the course of investigation that the deceased in the brawl had attacked the petitioner Nos.3 and 4 by allegedly snatching axe from the hand of petitioner No.3. Besides, the materials on record discloses prior dispute between the parties, and assault and counter assault in the quarrel between both the parties. No doubt the case registered against the informant party stands abated due to death of the deceased and no material being found about involvement of injured Jugadhar Bag, but petitioner No.4 had received grievous injury on her arm, whereas petitioner No.3 had received eight simple injuries on his person. Of course, the counsel for the petitioner has asserted about the deceased to be the aggressor, but it is too early to say anything on this issue and unless the evidence is tendered in the trial, it cannot be said as to who was the aggressor and who were the retaliator. In such situation and on going through the materials placed on record and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusation sought to be brought against them and keeping in view the role as alleged against each of the petitioners and regard being had to