Disposed¶20

Madhusudan Behera @ Madhua v. State of Odisha

Orissa HC14 Jul 2025BLAPL/83/2025

Case brief

AI extract

What is this about?

Bail rejected; third successive S.483 BNSS application (BLAPL No.83 of 2025) by Madhusudan Behera @ Madhua in S.302 IPC double-murder case alleging killing by sharp cutting weapon and spraying acid (Soro P.S. Case No.131 of 2023; S.T. Case No.397 of 2023; C.T. Case No.279 of 2023; 3rd Addl. Sessions Judge, Balasore); earlier BLAPL No.5237 of 2024 withdrawn after Court perused PWs.1-5 evidence; trial directed to be expedited; Single Judge: G. Satapathy, J.; order dated 14.07.2025; High Court of Orissa at Cuttack.

What did the court decide?

Bail refused and the BLAPL stands disposed of. On the petitioner's alternative oral prayer, the trial is directed to be expedited if there is no other legal impediment; urgent certified copy ordered as per Rules and a copy of the order to be immediately transmitted to the learned trial Court for compliance.

Madhusudan Behera @ Madhua Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, facing trial in S.T. Case No.397 of 2023 (arising out of Soro P.S. Case No.131 of 2023) for offences punishable under S.302 IPC for the alleged murder of Raghunath Behera and Parbati Behera, should be granted bail in his third successive application under S.483 of BNSS.

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Court's answer

After considering the rival submissions, the nature and gravity of the offence alleged against the petitioner vis-a-vis the accusations sought to be brought against him, the allegations appearing against him and the other circumstances on record in entirety, the Court was not inclined to grant bail to the petitioner.

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Ratio / Principle

The prayer for bail of the petitioner stands rejected.

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Key takeaways

In view of the alternative oral prayer advanced for the petitioner, the trial is to be expedited if there is no other legal impediment.ratio¶19

Detailed headnote1 paragraphs

Bail - Third successive application under S.483 of BNSS in BLAPL No.83 of 2025 for bail in S.T. Case No.397 of 2023 (C.T. Case No.279 of 2023), arising out of Soro P.S. Case No.131 of 2023, pending before the learned 3rd Addl. Sessions Judge, Balasore, for offence punishable under S.302 of IPC - Allegation of murder of Raghunath Behera and Parbati Behera by sharp cutting weapon and spraying acid on them - Earlier bail application (BLAPL No.5237 of 2024) had been withdrawn, the Court having perused the evidence of PWs.1 to 5 and remained unconvinced - Considering the nature and gravity of the offence and the accusations against the petitioner, and the circumstances on record in entirety, prayer for bail rejected - On alternative oral prayer, trial directed to be expedited if there is no other legal impediment - BLAPL disposed of (G. Satapathy, J.; order dated 14.07.2025).

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.83 of 2025

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Madhusudan Behera @ … Petitioner Madhua

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Mr. D. Nayak, Sr. Advocate along with Ms. A. Mishra, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. C. Mohanty, Addl. PP

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CORAM:

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JUSTICE G. SATAPATHY

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Order No.

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04.

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ORDER(ORAL) 14.07.2025

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

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This is the 3^rd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Soro P.S. Case No.131 of 2023 corresponding to S.T. Case No.397 of 2023 (C.T. Case No.279 of 2023) of pending in the file of learned 3^rd Addl. Sessions Judge, Balasore, for commission of offences punishable U/S.302 of IPC, on the allegation of committing murder of one Raghunath Behera and Parbati Behera by means of sharp cutting weapon and spraying acid on them.

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Heard, Mr. Dharanidhar Nayak, learned Senior Counsel, who is being assisted by Ms. A. Mishra, learned counsel for the petitioner and Mr. C.

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Page 1 of 2

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Mohanty, learned Addl. PP in the matter and perused the record.

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It is to be reminded here that when this Court after perusing the evidence of PWs.1 to 5 in S.T. Case No.397 of 2023, was not convinced, the bail application filed earlier in BLAPL No. 5237 of 2024 was withdrawn. In such premises, and after having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the allegation appearing against the petitioner and taking into account the other circumstance on record in entirety, this Court is not inclined to grant bail to the petitioner.

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Hence, the prayer for bail of the petitioner stands rejected. In view of the alternative oral prayer as advanced for the petitioner, trial be expedited, if there is no other legal impediment.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the learned trial Court for compliance.

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(G. Satapathy) Judge

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S.Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2025 11:59:39

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Madhusudan Behera @ Madhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhusudan Behera @ Madhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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