Sankar @ Sankarshan Jena @ Jana Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Sankar @ Sankarshan Jena @ Jana Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; petitioner admitted to bail on furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety for the like amount, subject to conditions (no fresh offence; attendance on every trial date, default actionable under S.269 BNS 2023; no leaving trial-court territorial jurisdiction without prior permission); trial court at liberty to cancel bail on violation without further reference to this Court.

Issue for consideration

Whether the petitioner, in custody since 24.06.2024 in connection with Bansada PS Case No.210 of 2024 / GR Case No. 530 of 2024 for offences punishable under Ss. 452/364/302/506/34 IPC on the allegation of assaulting the deceased Tapas Naik to death along with other co-accused persons by kidnapping him, should be admitted to bail under S.483 BNSS.

Court's answer

After considering rival submissions, the nature and gravity of the alleged offence, the accusations against the petitioner, his pre-trial detention since 24.06.2024, the mode and manner of the deceased's death, the role alleged against him, the bail granted to co-accused Ajaya Kumar Biswal and Mantu @ Babu Biswal, and the doctor's opinion in the Post Mortem Report on cause of death, the Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case.

Key takeaways

Bail is subject to conditions: (i) no commission of any offence while on bail; (ii) attendance at the trial Court on each date of posting unless dispensed with, failure without sufficient cause permitting prosecution under S.269 BNS 2023; (iii) no leaving the territorial jurisdiction of the trial Court without prior permission till disposal, with intimation of present address; and the Court in seisin may cancel the bail on violation of any condition or if a case for cancellation is otherwise made out, future involvement in similar/grave offences on prima facie accusations being a ground for cancellation.ratio¶para 5 (clarification)

Detailed headnote1 paragraphs

Bail under S.483 BNSS allowed by a single Judge (G. Satapathy, J.) in BLAPL No.1935 of 2025 for Sankar @ Sankarshan Jena, accused in Bansada PS Case No.210 of 2024 arising out of GR Case No. 530 of 2024 pending before learned JMFC, Chandbali, for offences punishable under Ss. 452/364/302/506/34 IPC on the allegation of assaulting the deceased Tapas Naik to death along with other co-accused persons by kidnapping him. Taking into account the nature and gravity of the offence, the pre-trial detention of the petitioner since 24.06.2024, the mode and manner of death, the role alleged against him, the grant of bail to co-accused Ajaya Kumar Biswal (BLAPL No. 10670 of 2024) and Mantu @ Babu Biswal (BLAPL No. 10424 of 2024), and the doctor's opinion in the Post Mortem Report as to cause of death, the Court admitted the petitioner to bail without expressing any view on merits, on a bail bond of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety for the like amount, imposing conditions of no fresh offence, attendance on every trial posting (failure without sufficient cause exposing the petitioner to proceedings under S.269 BNS 2023), and no leaving the trial Court's territorial jurisdiction without prior permission; the Court in seisin was given liberty to cancel bail on violation of any condition, future involvement in similar/grave offences on prima facie accusations being a ground for cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1935 of 2025

Sankar @ Sankarshan Jena … Petitioner @ Jana

Mr. N.K.Sahu, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. R.B. Mishra, Addl. PP

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

01.07.2025

Order No.

02.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Bansada PS Case No.210 of 2024 arising out of GR Case No. 530 of 2024 pending in the Court of learned JMFC, Chandbali for commission of offences punishable U/Ss. 452/364/302/506/34 of IPC, on the allegation of assaulting the deceased Tapas Naik to death along with other co-accused persons by kidnapping him. 3. Heard, Mr. Nirod Kumar Sahu, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration 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 pre-trial detention of the petitioner in

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custody since 24.06.2024 and taking into account the mode and manner under which the deceased died and keeping in view the role as alleged against the petitioner and taking into account the other circumstance on record in entirety including grant of bail to co-accused Ajaya Kumar Biswal in BLAPL No. 10670 of 2024 and Mantu @ Babu Biswal in BLAPL No. 10424 of 2024 and also the opinion of the Doctor as to cause of death of the deceased in the Post Mortem Report, this Court without expressing any view on merits admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with one solvent surety 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner 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 Petitioner 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 Petitioner for offence U/S.269 of BNS,2023 in accordance with law ,

(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court

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without prior permission till disposal of the case by intimating his present address of stay to the concerned Court.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

kishore

Signature Not Verified

Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 02-Jul-2025 10:02:50

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