[Cites 10, Cited by 0]
Orissa High Court
Petitioners vs State Of Odisha ... Opposite on 7 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos.892 of 2026 and 12780 of 2025
(In the matter of application under Section 483 of BNSS,
2023).
Kora Raula
(In BLAPL No.892 of 2026)
Durjyodhan Pradhan @
Durgyadhan Pradhan
(In BLAPL No. 12780 of 2025)
... Petitioners
-versus-
State of Odisha ... Opposite
Party
For Petitioners : Mr.Rajendra Narayan Rout,
Advocate
(In BLAPL No. 892 of 2026)
Mr. Manoj Kumar Mishra,
Senior Advocate along with
Mr.Soumyajit Das,Advocate
(In BLAPL No. 12780 of
2025)
For Opposite Party : Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
DATE OF HEARING & JUDGMENT:07.04.2026(ORAL)
G. Satapathy, J.
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 2nd bail applications U/S.483 of the
BNSS, 2023 by the petitioners for grant of bail in
connection with Berhampur Sadar P.S. Case No.510 of
2023 corresponding to S.T. Case No.175 of 2024
pending in the file of learned 3rd Addl. Sessions Judge,
Berhampur, Ganjam, facing trial for commission of
offences punishable under sections 452/294/323/324/
325/326/307/302/34 of the Indian Penal Code turned to
offences punishable U/Ss.449/341/294/324/326/307/
302/34 of the Indian Penal Code, on the main allegation
of committing murder of the deceased Dunia Sahu and
assaulting as well as injuring P.W.3 and P.W.6.
4. In the course of hearing, Mr. Manoj Kumar Mishra,
learned Senior Counsel who is being assisted by
Soumyajit Das, learned counsel for the petitioner
submits by referring to the cross examination of P.Ws.3
and 6 that the witnesses are not at all believable, even
though they have stated about the incident in their
examination in chief, but they have turned hostile to the
prosecution case in the cross examination. Mr. Mishra,
further submits that there are all together six eye
witnesses to the occurrence, but three eye witnesses
have been declined by the prosecution, however, the
rest two out of three eye witnesses being examined have
not supported the prosecution allegation against the
petitioners, but one eye witness, namely, Udhab Jena is
still remaining to be examined and in such situation,
when all material witnesses have already been examined
and no evidence having been surfaced against any of the
accused persons-petitioners, their further detention in
custody is unwarranted and therefore, the petitioners
having been detained in judicial custody for more than
two and half years without trial being concluded may
kindly be dealt leniently to grant bail to them.
4.1. Mr. Rajendra Narayan Rout, learned counsel for
the petitioner in BLAPL No. 892 of 2026 by referring to
the cross-examination of P.W.3 & 6 submits that the
petitioner was not at all being identified by the eye
witnesses and, therefore, the evidence of P.Ws. 3 and 6
having not of that quality, cannot be used to incarcerate
the accused-petitioners in this case and accordingly, the
bail application of the petitioner may kindly be
considered favourably by taking into account release of
the co-accused persons on bail.
4.2. On the contrary, Mr. Pradeep Kumar Satpathy,
learned Addl. PP by highlighting the evidence of P.Ws.3
and 6 submits that not only the witnesses have deposed
against the petitioners, but other material eye witnesses
are yet to be examined and the crime having committed
in exhibition of brutality, the bail application of the
petitioners may kindly be rejected.
5. After having considered the rival submissions
upon perusal of record, there appears the allegation
against the petitioners for committing murder of the
deceased Dunia Sahu and assaulting as well as injuring
P.Ws.3 and 6, however, co-accused Sagar Panda and
Bhiku Jena have admittedly been granted bail by this
Court, but they do not stand on similar footing with that
of the present petitioners inasmuch as it is not alleged
against them for attacking the deceased and the injured
and the allegation against them remains only for their
presence at the spot, but there is allegation against the
petitioners for assaulting the deceased and the injured.
It is no doubt advanced for the petitioners that the
material witnesses like P.Ws. 3 and 6 had testified a
separate story in their cross examination while deposing
in this case, but it is never disputed that the examination
in Chief of P.W.3 was recorded on 07.03.2025 and his
cross-examination was deferred on that day on the
ground of illness of the learned defence counsel, but he
was cross-examined just few days after six months on
16.09.2025, nevertheless detail analysis of evidence and
meticulous examination of documents on merit should
be avoided at the stage of consideration of the bail
application. The allegations against the petitioners are
not only serious, but also grave and it is not disputed
that one person had died in this case and two others had
suffered from injuries.
6. In view of the above facts and circumstances 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
regard being had to the materials placed on record and
taking account the law laid down by the Apex Court in X
-Vrs.- State of Rajasthan; (2024) SCC OnLine SC
3539 and keeping in view the other circumstances on
record in entirety, this Court is not inclined to grant bail
to any of the petitioners at this stage.
7. Hence, both the bail applications of the petitioners
stand rejected. Accordingly, these BLAPLs stand
disposed of. A soft copy of this judgment be immediately
transmitted to the Court in seisin over the matter for
reference.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Signature NotDated
Verified
the 7th day of April, 2026/Pravakar
Digitally Signed
Signed by: JAYAKRUSHNA DASH
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Apr-2026 20:18:15
