[Cites 1, Cited by 0]
Orissa High Court
Mr. J. Sahoo vs State Of Orissa ... Opposite Party on 22 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Banamali Mallick
(In BLAPL No.1882 of 2026)
Keswar Mallick
(In BLAPL No.1886 of 2026)
Kalia Mallic @ Kalia Mallick @
Chaitanya Mallik @ Chaitanya Mallick
(In BLAPL No.1887 of 2026)
Mohan Mallick
(In BLAPL No.1889 of 2026)
Damodar Mallick
(In BLAPL No.1890 of 2026)
Chaitanya Mallick
(In BLAPL No.1891 of 2026)
Santosh Mallick
(In BLAPL No.1892 of 2026)
Sankar Mallick
(In BLAPL No.1893 of 2026)
Lachaman Malik @ Lachaman Mallick @
Laxman Mallick @ Lachaman
(In BLAPL No.1894 of 2026) ... Petitioners
Mr. J. Sahoo, Advocate
(in all BLAPLs)
-versus-
State of Orissa ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL)22.04.2026
01. 1. Since these nine 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.
2. These nine bail applications U/S.483 of BNSS by
the petitioners for grant of bail in connection with Mohana PS
Case No.118 of 2025 corresponding to GR Case No.167 of
2025 committed to ST Case No.91 of 2025 pending in the
Court of learned Addl. Sessions Judge, Paralakhemundi for
commission of offences punishable U/Ss.127(2)/ 103(2)/
238(a)/ 3(5) of BNS r/w Sec.4(1) of Odisha Prevention of
Witch-Hunting Act, on the main allegation of committing
murder of the deceased Karuna Dalai by assaulting him with
deadly weapons on suspicion of deceased practizing witch craft
and burying the dead body in an isolated place to cause
disappearance of evidence to screen themselves from legal
punishment, along with co-accused persons in furtherance of
their common intention.
3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for
the petitioners in all the bail applications and Mr. P. Satpathy,
learned Addl. PP in the matter and perused the record.
4. Admittedly, the petitioners are renewing their
prayer for bail after examination of witness- PW.1- Neta Mallick
and PW.2- Mami Mallick who are the witnesses to the extra
judicial confession of the petitioners, but PWs.1 and 2 have not
supported the prosecution allegation against the petitioners.
Besides, the petitioners are in custody since 08.08.2025 and
the principal material item against the petitioners is their extra
judicial confession before PWs.1 and 2. In the aforesaid facts
and situation and taking into account the pre-trial detention of
the petitioners in custody and there being no direct evidence
available on record against the petitioners and the witnesses to
extra judicial confession of the petitioners having turned hostile
to the prosecution case, this Court without expressing any view
on merit admits all of the petitioners to bail.
5. Hence, all the bail applications of the petitioners
stand allowed and all the petitioners are allowed to go on bail
on furnishing bail bonds of Rs.50,000/- (Rupees Fifty
Thousand) only 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 condition:-
(i) the petitioners in the course of trial shall attend the
trial Court on each date of posting without fail unless
his attendance is dispensed with. In case the
Petitioners fails 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.
6. Accordingly, the BLAPLs stand disposed of.
7. 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 communicate the
same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge
Jayakrushna
Location: High Court of Orissa, Cuttack
