Rasia @ Rasmikanta Mangaraj Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Rasia @ Rasmikanta Mangaraj Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Each petitioner admitted to bail on furnishing bail bond of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned court in seisin, subject to the imposed conditions; urgent certified copy of the order directed to be issued as per Rules.

Issue for consideration

Whether the petitioners should be granted bail under Section 483 BNSS in connection with Rajnagar PS Case No.395 of 2024 / GR Case No.532 of 2024 for offences punishable under Sections 103(2)/3(5) BNS (alleged murder of Rashmi Ranjan Parida).

Court's answer

Recovery witnesses PWs.1 and 2 did not support the prosecution case, and PW4, the informant, did not whisper the petitioners' names in his deposition; these evidentiary gaps weighed in favour of granting bail.

Ratio / Principle

Taking into account the nature and gravity of the alleged offences, the accusations against the petitioners, the materials on record, their pre-trial detention and the inherent right of an accused to be presumed innocent until proven guilty, the Court admitted each petitioner to bail without expressing any view on merits.

Key takeaways

Both bail applications allowed; each petitioner permitted to go on bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned court in seisin, subject to conditions: (i) no offence while on bail; (ii) attendance on each trial date, failing which (without sufficient cause) the trial court may proceed under S.269 BNS 2023; (iii) no leaving the trial court's territorial jurisdiction without prior permission, with present address intimated; (iv) fortnightly reporting at the jurisdictional police station (preferably Sunday, 10 A.M.-12 Noon) for three months from release, without unnecessary detention beyond recording attendance.ratio¶¶18
The court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation otherwise arises; subsequent involvement of the petitioners in similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Bail applications under S.483 BNSS by Rasia @ Rasmikanta Mangaraj (BLAPL No.454 of 2025) and Rama @ Rama Chandra Das (BLAPL No.963 of 2025), arising out of Rajnagar PS Case No.395 of 2024 / GR Case No.532 of 2024 pending before the JMFC, Rajnagar, for offences punishable under Ss.103(2)/3(5) BNS on the allegation of murdering Rashmi Ranjan Parida, were heard together and allowed by a common oral order dated 16.07.2025 (G. Satapathy, J.). The Court noted that PWs.1 and 2, witnesses to the recovery, had not supported the prosecution case, and that PW4, the informant, had not named the petitioners in his deposition. Without expressing any view on merits, and having regard to the nature and gravity of the alleged offences, the materials on record, the petitioners' pre-trial detention and the presumption of innocence, each petitioner was admitted to bail on a bail bond of Rs.50,000/- with one solvent surety for the like amount, subject to conditions: no offence while on bail; attendance on every trial date (default without sufficient cause exposing them to proceedings under S.269 BNS 2023); no departure from the trial court's territorial jurisdiction without prior permission; and fortnightly reporting at the jurisdictional police station for three months from release. The trial court retained liberty to cancel bail on violation of conditions, and future involvement in similar/grave offences on prima facie accusations was flagged as a possible ground for cancellation.