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IN THE HIGH COURT OF ORISSA AT CUTTACK

Hemant Kumar Garada

(In BLAPL No.6976 of 2025)

Bidya Bhusan Bagh @ Raja

(In BLAPL No.11854 of 2025)

… Petitioners

Mr. M. Padhy, Advocate

(In BLAPL No. 6976 of 2025)

Mr. P.C. Chhinchani, Advocate

(In BLAPL No. 11854 of 2025)

-versus-

State of Odisha … Opposite Party

Mr. P. Satpathy, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 23.12.2025

05. 1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical Mode).

2. Since these two 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 the

learned counsel for the parties.

3. These are the bail applications U/S.483 of BNSS

by the petitioners for grant of bail in connection with CT

Case No. 78 of 2022(T) arising out of Nabarangpur PS

Case No.386 of 2022 pending in the file of learned Addl.

Sessions Judge, Nabarangpur for commission of offences

punishable U/Ss. 302/34 of IPC, on the main allegation of

committing murder of one Shaik Nizam, along with co-

accused persons.

4. Heard, Mr. Manoranjan Padhy, learned counsel for

the Petitioner in BLAPL No. 6976 of 2025; Mr. Pratap

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Chandra Chhinchani, learned counsel for the Petitioner in

BLAPL No. 11854 of 2025 and Mr. P. Satpathy, learned

Addl. Public Prosecutor in the matter and perused the

record including the copy of the dying declaration of the

deceased as produced by the learned Addl. Public

Prosecutor.

5. Admittedly, this Court has the privilege to go

through the depositions of around 28 witnesses, out of 36

charge sheeted witnesses, who have been examined in the

meantime, but this Court does not feel it proper to analyze

the evidence of the witnesses on merit, since law does not

permit the same at the stage of consideration of bail

application. It is of course not in dispute that the

prosecution relies heavily on the dying declaration of the

deceased, but at the same time, the Petitioner also

challenges the acceptability of such dying declaration,

however, the same is not in the domain of this Court. Be

that as it may, there is allegation against the Petitioner for

committing murder of the deceased and right now, the

trial is at its fag end since only 9 witnesses are yet to be

examined.

6. In that view of the matter and taking into

consideration the nature and gravity of the offence as

alleged against the petitioners vis-a-vis the accusations

sought to be brought against them and regard being had

to the materials collected in support of the allegation

against the Petitioners and the deceased having died

homicidal death and on consideration of the materials

placed on record keeping in view the evidence made

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available to the Court, this Court is not inclined to grant

bail to any of the Petitioners, especially when the trial is

at fag end.

Hence, these two bail applications of the

petitioners stand rejected. Accordingly, these BLAPL

Nos.6976 and 11854 of 2025 stand disposed of.

(G. Satapathy)

Judge

Priyajit

Signature Not Verified

Digitally Signed

Signed by: PRIYAJIT SAHOO

Reason: Authentication

Location: HIGH COURT OF ORISSA

Date: 24-Dec-2025 10:59:16

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