Aita Beti Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Aita Beti Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, facing charges under Sections 103(1)/3(5) of BNS for the alleged murder of Budra Beti, should be granted bail at the stage where the charge-sheet has been filed but the trial is yet to commence.

Court's answer

Taking into consideration the nature and gravity of the offences alleged against the petitioner vis-a-vis the allegation sought to be brought against him, the materials collected in support of the allegation (including the recovery of the weapon of offence pursuant to his disclosure statement, sent for forensic test) and the other circumstances on record in entirety, the Court was not inclined to grant bail to the petitioner at this stage.

Ratio / Principle

The petitioner's bail application stands rejected and, accordingly, the BLAPL stands disposed of.

Detailed headnote1 paragraphs

Bail (criminal) - Section 483 BNSS application rejected - Murder alleged under Sections 103(1)/3(5) of BNS. Aita Beti sought bail in Mathili PS Case No.164 of 2024 / GR Case No.151 of 2024 (BA No.274 of 2024), pending before the learned JMFC, Mathili, Malkangiri, for the alleged murder of Budra Beti by assaulting and hanging him. Charge-sheet already submitted; trial yet to commence. Petitioner had allegedly given recovery of the weapon of offence pursuant to his disclosure statement in presence of witnesses, and the weapon was sent for forensic test. Defence counsel argued that the recovery alone did not incriminate the petitioner; the prosecution countered that there was material connecting the petitioner with the crime and that Mukhi Beti, daughter of the accused Adma Madkami, had seen the petitioner going to kill the deceased while holding an axe. Considering the nature and gravity of the offences, the materials collected and the other circumstances on record in entirety, the Court (Justice G. Satapathy, oral order dated 29.10.2025) declined bail at this stage; the bail application stood rejected and the BLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5184 of 2025

Aita Beti

Petitioner

Mr. A. Biswal, Advocate

-versus-

State of Odisha

… Opposite Party Mr. A. Pradhan, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 29.10.2025

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

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Mathili PS Case No.164 of 2024 corresponding to GR Case No.151 of 2024 (BA No.274 of 2024) pending in the file of learned JMFC, Mathili, Malkangiri, for commission of offences punishable U/Ss.103(1)/3(5) of BNS, on the main allegation of committing murder of one Budra Beti by assaulting and hanging him.

Heard, Mr. Amit Biswal, learned counsel for the petitioner and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 3.1. It is advanced by Mr. Amit Biswal, learned counsel for the petitioner that the only item of evidence against the petitioner is the leading to recovery of some articles, but that does not incriminate the petitioner

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with the crime without any further materials and, therefore, the petitioner may kindly be granted bail. 3.2. On the other hand, Mr. A. Pradhan, learned Additional Public Prosecutor, however, submits that not only there is material against the petitioner for connecting him with the crime, but also the daughter of the accused-Adma Madkami namely Mukhi Beti has seen the petitioner going to kill the deceased by holding an axe and, thereby, the petitioner should not be granted bail at this stage.

After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing murder of the deceased Budra Beti and the trial is yet to commence, however, charge-sheet has already been submitted in this case. It is not disputed that the petitioner has allegedly given recovery of weapon of offence pursuant to his disclosure statement in presence of witnesses and such weapon of offence has also been sent for forensic test. In such view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner and keeping in view the other circumstances on record in entirety, this Court is not inclined to grant bail to the petitioner at this stage.

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Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Subhasmita

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2025 10:49:14

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