Sanjay Singh Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Sanjay Singh Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 that Court deems fit and proper; urgent certified copy of the order to be issued as per Rules.

Issue for consideration

Whether bail should be granted to the petitioner under S.483 BNSS in connection with ST Case No.05 of 2024 (GR Case No.278 of 2019, Cuttack PS Case No.09 of 2019) for the alleged murder of Bhikari Tarei. +1 more

Court's answer

In view of the facts, the materials placed on record and the evidence of the witnesses so far examined vis-a-vis the allegations sought to be brought against the petitioner, the Court admitted the petitioner to bail without expressing any view on merit.

Ratio / Principle

The bail application stands allowed; the petitioner may go on bail on furnishing a bail bond of Rs.50,000/- 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 that Court deems fit and proper.

Key takeaways

The petitioner has an inherent right to be presumed innocent until proven guilty at the trial, which flows from the fundamental right guaranteed under Article 21 of the Constitution of India (stated as an undisputed premise bearing on the bail decision).obiter¶20

Detailed headnote1 paragraphs

Bail granted - S.483 BNSS: Petitioner, not named in the FIR and implicated through CCTV footage allegedly seized with a S.65(B) Evidence Act certificate from PW.7 (who did not support the prosecution case in trial), was in custody since 27.02.2022 while the trial in ST Case No.05 of 2024 (corresponding to GR Case No.278 of 2019, arising out of Cuttack PS Case No.09 of 2019; alleged murder of Bhikari Tarei by firing - Ss.302/120-B/34 IPC r/w Ss.25(1-B)(a)/27 Arms Act) pending before the Addl. Sessions Judge, Khallikote remained unconcluded after over three and a half years. Considering the record and testimony of PWs.1 to 10, the Court admitted him to bail without expressing any view on merit, on a bond of Rs.50,000 with one solvent surety for the like amount, on terms as the court in seisin deems fit.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.834 of 2025

Sanjay Singh

Petitioner

Mr. L. Samantaray, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. C. Mohanty, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

05.

15.09.2025

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 Cuttack PS Case No.09 of 2019 arising out of ST Case No.05 of 2024 corresponding to GR Case No.278 of 2019 pending in the Court of learned Addl. Sessions Judge, Khallikote for commission of offences punishable U/Ss. 302/120-B/34 of IPC r/w Sec.25 (1-B)(a)/27 of Arms Act on the main allegation of committing murder of one Bhikari Tarei by firing at him.

Heard, Mr. Lalatendu Samantaray, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of PWs.1 to 10.

Admittedly, the name of the petitioner does not figure out in the FIR, but the implication of the

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petitioner is on the basis of his identification in CCTV Footage as submitted by the learned counsel for the petitioner, however, such CCTV Footage was allegedly seized in this case with a certificate U/S-65(B) of the evidence Act from PW.7, who has not supported the prosecution case in the trial in this regard. It is also not in dispute that the petitioner is in custody since 27.02.2022, but in the meantime more than three and half years have elapsed and the trial has not yet been concluded. It is also not in dispute that the petitioner has an inherent right to be presumed innocent until proven guilty at the trial, which flows from the fundamental right as guaranteed under Article 21 of the Constitution of India.

In view of the above facts and taking into consideration the materials placed on record and on consideration of the evidence of the witnesses so far examined in this case vis-à-vis the allegations sought to be brought against the petitioner, this Court without expressing any view on merit admits the petitioner to bail.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety each 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.

Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per

Rules.

(G. Satapathy) Judge

Jayakrushna

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 17-Sep-2025 12:11:27

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