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2025 Supreme(Online)(Ori) 4529

ORISSA HIGH COURT
NARAYANA BHOI @ NARAYAN BHOI – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL 11048 / 2025



IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11048 of 2025 Narayana Bhoi @ Narayan …. Petitioner Bhoi Mr. P.K. Bohidar, Advocate -versus-

State of Odisha …. Opp. Party Mr. Jateswar Nayak, Addl. Govt. Advocate CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No. 21.11.2025

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

This is an application for bail under section 439 of Cr.P.C. (corresponding to section 483 BNSS) in connection with Saintala P.S. Case No.196 of 2024 corresponding to S.T. Case No.54 of 2024 pending in the file of learned Addl. Sessions Judge, Titilagarh for alleged commission of offences under sections 302, 201 and 120-B of I.P.C.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Titilagarh vide order dated 03.03.2025.

Signature Not Verified Digitally Signed Learned counsel for the petitioner submits that the petitioner, who is aged about sixty five years, is in judicial custody since 03.05.2024 and there are no direct evidence in this case and it is based on circumstantial evidence and at the instance of the petitioner, one Sambalpuri Check Strip Gamucha was recovered and out of thirty two charge sheeted witnesses, though twenty witnesses have already been examined in the learned trial Court, but no clinching evidence has come on record against the petitioner so far and therefore, the bail application of the petitioner may befavourably considered. He has annexed the evidence copies of the witnesses to the bail application.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submits that some material witnesses are yet to be examined.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence available on record, the progress of trial, the period of detention of the petitioner in judicial custody and the fact that the case based on circumstantial evidence, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as Signature Not Verified Digitally Signed Signed by: RAJESH KUMAR BADHEI the learned Court below may deem just and proper including the condition that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge Rajesh Signature Not Verified Digitally Signed

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