[Cites 2, Cited by 0]
Orissa High Court
Unknown vs State Of Odisha ... Opposite Party on 9 March, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Badal @ Akash Mukhi
(In BLAPL No.13868 of 2025)
Kartika Baitha
(In BLAPL No. 281 of 2026)
Kundan Mukhi
(In BLAPL No. 828 of 2026)
Bithal Mukhi
(In BLAPL No. 1728 of 2026)
Dhusa Mukhi @ Dhusa Mukhi @ Dusa Mukhi
(In BLAPL No. 1734 of 2026)
... Petitioners
Mr. T.P. Mohapatra, Advocate
(In BLAPL No. 13868 of 2025)
Mr. J. Mohapatra, Advocate
(In BLAPL No. 281 of 2026)
Mr. H.K. Mohanta, Advocate
(In BLAPL Nos. 828 & 1728 of 2026)
Mr. R.N. Rout, Advocate
(In BLAPL No. 1734 of 2026)
-versus-
State of Odisha ... Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM:JUSTICE G. SATAPATHY
ORDER(ORAL):
09.03.2026
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these five 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 ST Case No. 162 of 2025 arising out of Baripada
Town PS Case No. 380 of 2025 pending in the file of
learned Sessions Judge, Mayurbhanj, Baripada for
commission of offences punishable U/Ss.
189(2)/126(2)/109/103(2)/190/191(2)/191(3) of BNS
r/w Sections 25/27 of the Arms Act, on the main
allegation of rioting, along with co-accused persons
being armed with deadly weapons by forming an
unlawful assembly and committing murder of the
deceased Raju Ghadei and injuring his mother Sabitri
Ghadei by firing and assaulting them in prosecution of
their common object.
4. Heard, Mr. Tara Prasad Mohapatra, learned
counsel for the Petitioner in BLAPL No. 13868 of 2025;
Mr. Jayakrishna Mohapatra, learned counsel for the
Petitioner in BLAPL No. 281 of 2026; Mr. Hemanta
Kumar Mohanta, learned counsel for the Petitioners in
BLAPL Nos. 828 & 1728 of 2026; Mr. Rajendra Narayan
Rout, learned counsel for the Petitioner in BLAPL No.
1734 of 2026 and Mr. S.C. Pradhan, learned Addl.
Public Prosecutor in the matter and perused the record.
5. It is undoubtedly advanced for the Petitioners
that the witnesses examined in this case having not
taken the name of the Petitioners specifically nor they
being the real eye witnesses to the occurrence, their
evidence can be ignored, but law is fairly well settled
that detail and meticulous analysis of evidence and
elaborate documentation on merits should be avoided
at the time of consideration of bail applications,
however, a careful scrutiny of the materials placed on
record, there appears allegation against the Petitioner
Badal @ Akash Mukhi for firing at the deceased and
subsequently, assaulting him by means of a sharp
cutting weapon, whereas the allegation against the
Petitioners Kundan Mukhi & Dhusa Mukhi @ Dhusa @
Dusa Mukhi were for holding the deceased at the time
of assault. In the aforesaid facts and circumstance and
after having considered the rival submissions 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 and
regard being had to the materials placed on record and
there being no specific allegation against the Petitioners
Kartika Baitha & Bithal Mukhi, but there being some
kind of serious allegations for assault on the deceased
against Petitioners Badal @ Akash Mukhi, Kundan
Mukhi & Dhusa Mukhi @ Dhusa @ Dusa Mukhi and
there being availability of some criminal antecedents
against Petitioner Badal @ Akash Mukhi in 54 criminal
cases, against Petitioner Kundan Mukhi for 17 criminal
cases & against Petitioner Dhusa Mukhi @ Dhusa Mukhi
for 2 criminal cases as submitted by the learned Addl.
PP and the main injured witness namely Sabitri Ghadei
being yet to be examined, this Court while not being
inclined to grant bail to the petitioners Badal @ Akash
Mukhi, Kundan Mukhi & Dhusa Mukhi @ Dhusa @ Dusa
Mukhi in BLAPL Nos. 13868 of 2025, 828 & 1734 of
2026 respectively, considers it proper to admit the
petitioners Kartika Baitha & Bithal Mukhi in BLAPL Nos.
281 & 1728 of 2026 respectively, to bail.
6. Hence, the bail application of petitioners- Badal
@ Akash Mukhi, Kundan Mukhi & Dhusa Mukhi @ Dhusa
@ Dusa Mukhi in BLAPL Nos. 13868 of 2025, 828 &
1734 of 2026 stand rejected, whereas the bail
applications of the petitioners namely Kartika Baitha &
Bithal Mukhi in BLAPL Nos. 281 & 1728 of 2026 are
allowed and consequently, the Petitioners Kartika
Baitha & Bithal Mukhi are allowed to go on bail on
furnishing bail bonds of Rs.50,000/- (Rupees Fifty
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 condition:-
(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 and shall cooperate with the
trial. 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 BNSS in accordance with
law.
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
communicate the same to the concerned Jail through e-
Signed by: PRIYAJIT SAHOO (G. Satapathy)
Location: HIGH COURT OF ORISSA Judge
Date: 10-Mar-2026 11:35:57
Priyajit
