Citation : 2026 Latest Caselaw 3406 Ori
Judgement Date : 15 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
Sambit Sahu @ Baba ... Petitioners
(In BLAPL No. 773 of 2026)
Babu @ Bidyadhar Naik
(In BLAPL No. 1165 of 2026)
Rahul Anurag Sahu @ Rahul Anurag
(In BLAPL No. 2803 of 2026)
Mr. S.R. Rout, Advocate
(In BLAPL No. 793 of 2026)
Mr. D. Das, Advocate
(In BLAPL No. 1165 of 2026)
Mr. R.C. Maharana, Advocate
(In BLAPL No. 2803 of 2026)
-versus-
State of Odisha ... Opposite Party
Mr. M.R. Patra, Addl. PP
Mr. M. Dhir, Advocate(Informant)
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL):15.04.2026 02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these three 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 GR Case No. 2111 of 2025 arising out of Angul PS Case No. 972 of 2025 pending in the file of learned SDJM, Angul for commission of offences punishable U/Ss. 127(2)/ 296/ 103(1)/ 109(1)/ 118(1)/ 351(2)/3(5) of BNS, on the main allegation of attempting to the life of Soubhagya Basak and Sourav Basak by assaulting them with deadly weapons like steel cleaver (chappad; a sharp butcher knife used for
cutting meat) resulting in death of Soubhaya and critically injuring Sourav.
4. Heard, Mr. Smruti Ranjan Rout, learned counsel for the Petitioner in BLAPL No. 773 of 2026; Mr. Debasnan Das, learned counsel for the Petitioner in BLAPL No. 1165 of 2026; Mr. Ramesh Chandra Maharana, learned counsel for the Petitioner in BLAPL No. 2803 of 2026; Mr. Manish Dhir, learned counsel for the informant and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record. 4.1. Mr. Maharana confines his submission for grant of bail to the Petitioner for exercising right of private defence in retaliation to the attack of the injured and the deceased, but Mr. M.R. Patra by reading out the action of the respective Petitioners as captured in CCTV footage prays to reject the bail applications of all the Petitioners. Mr. Manish Dhir has opposed the bail applications of each of the individual Petitioners by further contending that the Petitioner Sambit Sahu @ Baba is having four criminal antecedents and Babu @ Bidyadhar Naik was arrested with much difficulty and there is prima facie allegation against the Petitioner- Rahul Anurag Sahu @ Rahul Anurag
5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner-Rahul Anurag Sahu @ Rahul Anurag for assaulting the deceased and injured with a cleaver (sharp cutting weapon), but the allegation against the other two Petitioners is for their presence at the spot along with co-accused persons. It is also allegedly
stated by the witnesses that the deceased and injured had also arrived at the spot with a steel pipe, but the Petitioners Sambit Sahu @ Baba & Babu @ Bidyadhar Naik have not been alleged to have actively participated in the assault and counter assault in this case. In the meantime, charge sheet has already been submitted, but the Petitioners are in custody since 04.10.2025. In view of the aforesaid facts and circumstance and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-a-vis the accusations sought to be brought against them keeping in view the rival submissions and the main allegation of assaulting the deceased and the injured by means of a cleaver being directed against co-accused-cum- Petitioner Rahul Anurag Sahu @ Rahul Anurag and taking into account the individual alleged act of the Petitioners and everyone being presumed to be innocent in law until their guilt is proved beyond all reasonable doubts, this Court without expressing any view on merits considers it proper to extend bail to the Petitioners Sambit Sahu @ Baba & Babu @ Bidyadhar Naik, but at the same time, declines to grant bail to the Petitioner Rahul Anurag Sahu @ Rahul Anurag by taking into consideration the material allegation available on record.
6. Hence, the bail application of Petitioner Rahul Anurag Sahu @ Rahul Anurag in BLAPL No. 2803 of 2026 stands rejected, whereas the bail applications of the petitioners namely Sambit Sahu @ Baba & Babu @ Bidyadhar Naik in BLAPL Nos. 773 & 1165 of 2026 are
allowed and consequently, the Petitioners Sambit Sahu @ Baba & Babu @ Bidyadhar Naik are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law,
(ii) the petitioners shall not threaten/ induce/influence/coerce any of the witnesses including the informant acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court and
(iii) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a 2nd Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.
7. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards
Signed by: PRIYAJIT SAHOO mail for reference.
Location: HIGH COURT OF ORISSA Date: 16-Apr-2026 11:14:16 (G. Satapathy) Judge Priyajit
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