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2026 Supreme(Online)(Ori) 2708

IN THE HIGH COURT OF ORISSA AT CUTTACK


BLAPL No.2313 of 2026


Chitrasen Swain

…. Petitioner


Mr. S. K. Nayak, Advocate


-versus-

State of Odisha

…. Opposite Party


Mr. A. K. Pati, ASC


CORAM:

JUSTICE V. NARASINGH


24.04.2025

ORDER

Order No. 01.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with G.R. Case No.1159 of 2026 pending on the file of learned 1st Additional Sessions Judge, Berhampur, District-Ganjam arising out of Berhampur Sadar P.S. Case No.206 of 2016 for commission of offence alleged under Sections 147, 148, 294, 323, 324, 307, 506 and 149 of IPC.

3. The prosecution case, in brief, is that on 15.10.2016 the informant lodged an FIR stating that on 14.10.2016 at about 8:40 P.M., while he and others were watching Kothi Sala Nach at village Badadand, the accused persons armed with deadly weapons, abused and assaulted them, aiming at their heads and bodies and attempting to commit murder, causing severe bleeding injuries. The report was treated as FIR and registered as B. Sadar P.S. Case No. 206 dt. 14.10.16 U/S 147/ 148/ 294/ 325/ 323/ 324/ 307/ 326/ 506/ 149 IPC, and investigation was taken up by SI G. Ch. Mahapatro.

4. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

5. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned 1st Additional Sessions Judge, Berhampur, Ganjam by order dated 19.02.2026 in the aforementioned cases, the present BLAPL has been filed.

6. The Petitioner is taken into custody since he jumped the bail on 15.01.2026. Taking into account the trial has been split up against the present Petitioner because of his conduct, he was remanded to custody.

7. It is submitted by the learned counsel for the Petitioner that the co-accused have been acquitted and Petitioners non-appearance was for reasons beyond his control.

8. Such submission is opposed by the learned counsel for the State.

9. Considering the acquittal of the co-accused, as submitted by learned counsel for the Petitioner on instruction, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence during the trial.

10. Additionally, it is directed that the Petitioner shall appear before the jurisdiction Police Station once a week for the next six months. And, thereafter, once every month till the conclusion of trial.

11. Accordingly, the BLAPL stands disposed of.

12. Urgent certified copy of this order be granted as per rules.

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