Citation : 2026 Latest Caselaw 3510 Ori
Judgement Date : 16 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12496 of 2025
Tubula Takri ... Petitioner
Mr. B.K. Ragada, Advocate
-versus-
State of Orissa ... Opposite
Party
Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 16.04.2026 02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Koraput Town PS Case No.193 of 2025 corresponding to GR Case No.710 of 2025 pending in the file of learned SDJM, Koraput for commission of offences punishable U/Ss.103(1)/238(a)/3(5) of BNS, on the main allegation of committing murder of one Anteswar Mali by assaulting him with stone, along with co-accused persons.
3. In the course of hearing, Mr. Bijaya Kumar Ragada, learned counsel for the Petitioner submits that main allegation of giving fatal blows to the deceased by means of stone is directed against co-accused Rahul Benya, but the present Petitioner is implicated in this case only on the basis of statement of co-accused which is inadmissible in the eye of law and the Petitioner being a local resident, there is hardly any chance of his absconding, but the learned trial Court has refused bail to
the Petitioner by taking into consideration the probability of his absconding and tampering witnesses, which is, however, no legs to stand and, therefore, the present Petitioner having detained in custody for a substantial period with submission of charge sheet in the meantime, his bail application may kindly be considered favourably. 3.1. On the other hand, Mr. T.K. Acharya, learned Addl. PP by relying upon the disclosure statement of the co-accused Rahul Benya prays to reject the bail application of the Petitioner.
4. After having considered the rival submissions and taking into account the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the materials placed on record keeping in view the severity of the allegation together with the punishment prescribed for the offences alleged against the petitioner and taking into account the other circumstances on record in entirety, this Court is not inclined to grant bail to the Petitioner at this stage, especially when the trial is yet to commence.
5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court.
Signed by: PRIYAJIT SAHOO (G. Satapathy) Location: HIGH COURT OF ORISSA Judge Date: 17-Apr-2026 12:31:01Priyajit
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