A. Dillip Kumar Rao @ Dillip Kumar Rao Vs State of Odisha

No.153 of 2025 arising out of Kuliana P.S. Case No.117 of 2025 corresponding to C.T. Case No.643 of 2025 registered on the allegation of the commission of the offence under Sections 309(2)/311/109/61(2)(a) of B.N.S., 2023 read with Section 25(1B)/27 of the Arms Act pending in the Court of the learned District and Sessions Judge, Baripada.

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3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 31.10.2025 has rejected the bail application of the petitioner.

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Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

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4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case, in brief, is that on 23.06.2025 at about 4.30 P.M., the complainant, Sri Sangram Keshari Behera of village Kamta under Kuliana Police Station, lodged a written report alleging that on the same day at about 11.00 A.M., one Sibananda Barik of village Kamta, after collecting a sum of Rs. 8,00,000/from the FL counters at Banhiriposi, Budhamara and Kuliana and carrying the same in a college bag for deposit at the office at Baripada, was proceeding towards Baripada on his motorcycle bearing Registration No. OD-11-7199. While on the way, at an isolated place just before Kuchei Chhak, three to four unknown miscreants arrived on two unnumbered motorcycles and attempted to restrain him. When Sibananda Barik resisted and dealt a fist blow to the pillion rider of a Bajaj Pulsar NS-200 motorcycle, the assailants allegedly threatened him at gunpoint with two pistols and fired upon him. As a result, he sustained gunshot injuries on his left

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thigh and on the left side of his head near the ear. On hearing his cries, farmers working in the nearby fields rushed to the spot, whereupon the assailants fled towards the side of Andhari village without succeeding in taking away the money. On the basis of the said report, the F.I.R. was registered.

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6. Initially there were four accused persons named in the F.I.R. Subsequently, charge-sheet has been filed against six accused persons including the present appellant. The co-accused Narayan Behera and Manas Giri have approached this Court by filing BLAPL No.11687 of 2025 and BLAPL No.12080 of 2025. The coordinate Bench of this Court vide order dated 09.12.2025 enlarged them on bail. Subsequently, the other two co-accused persons namely Shiba Shankar Barik@ Rocky and Debabrata Sahu have also been enlarged on bail by the learned trial Court vide order dated 18.10.2025 in BLAPL No.550 of 2025 and BLAPL No.554 of 2025.

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7. Learned counsel for the petitioner submits that the allegation against the petitioner is that of harboring. All the prime accused persons have already been enlarged on bail. He submits that the case of the present petitioner for the purpose of grant of bail

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is better than that of the co-accused persons, those who have been

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already admitted to bail. He further submits that except the present case, the petitioner has no criminal antecedent and he has drawn my attention to paragraph-3 of the bail application in that regard. The petitioner is in custody 04.07.2025. Therefore, he seeks parity.

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8. Learned counsel for the State has not disputed the said fact.

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9. Regard being had to the period of custody from 04.07.2025, the nature of accusation and the fact that the coaccused persons have already been enlarged on bail, I am inclined to admit the petitioner on bail.

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Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:-

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(i) The petitioner shall appear before the trial Court on each date on which the case is posted for trial.

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(ii) He shall not tamper with the evidence in any manner whatsoever.

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(iii) He shall not commit any offence while on bail, and

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(iv) He shall be released on bail subject to verification of

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similar nature of offence which has not been disclosed in

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the petition.

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Violation of any of the conditions shall entail consideration

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for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before

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the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

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10. The BLAPL is accordingly disposed of.

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2025 11:49:19

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A. Dillip Kumar Rao @ Dillip Kumar Rao v. State of Odisha

Case brief

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A. Dillip Kumar Rao @ Dillip Kumar Rao v. State of Odisha

Case brief

What is this about?

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What the court decided

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