Subash Sahu v. State of Odisha

Orissa HC23 Sept 2025BLAPL/9349/2025

Case brief

AI extract

What is this about?

High Court of Orissa, Cuttack; BLAPL No.9349 of 2025; Justice S.K. Sahoo; order dated 23.09.2025; Subash Sahu v. State of Odisha; bail under section 483 BNSS after rejection by Sessions Judge, Angul (14.08.2025); offences sections 309(c)/3(5) BNS; Banarpal P.S. Case No. 76 of 2025; G.R. Case No. 151 of 2025; J.M.F.C. Banarpal; judicial custody since 17.03.2025; charge sheet filed; offence triable by Magistrate; bail granted on bond of Rs.50,000 with two sureties; BLAPL disposed of.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs.50,000 with two local solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin over the matter, with further conditions including that he shall not indulge in criminal activities and shall appear before the trial Court on each posting date.

Subash Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶¶23

Issue for consideration

Whether the petitioner, who is in judicial custody since 17.03.2025, whose charge sheet has been submitted, and whose alleged offences are triable by a Magistrate, should be released on bail under section 483 of the B.N.S.S. despite rejection of bail by the learned Sessions Judge, Angul.

¶¶18

Court's answer

On the grounds that the petitioner is in judicial custody since 17.03.2025, the charge sheet has already been submitted, and the offences are triable by a Magistrate, the Court was inclined to release the petitioner on bail.

¶¶18

Ratio / Principle

The petitioner was directed to be released on bail in Banarpal P.S. Case No. 76 of 2025 / G.R. Case No. 151 of 2025 on furnishing a bail bond of Rs.50,000 with two local solvent sureties each for the like amount, subject to further conditions deemed just and proper by the trial Court, including abstention from criminal activities and appearance on each trial date; violation entails cancellation of bail.

¶¶21

Detailed headnote1 paragraphs

Bail under S. 483 BNSS — offences under Ss. 309(c)/3(5) BNS arising out of Banarpal P.S. Case No. 76 of 2025 / G.R. Case No. 151 of 2025 pending before the learned J.M.F.C., Banarpal — bail prayer earlier rejected by learned Sessions Judge, Angul by order dated 14.08.2025 — petitioner in judicial custody since 17.03.2025, charge sheet submitted, offences triable by Magistrate — held, petitioner to be released on bail on bail bond of Rs.50,000 with two local solvent sureties each for the like amount, subject to further conditions of the trial Court including non-indulgence in criminal activities and attendance on every trial date — violation to entail cancellation — BLAPL disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.9349 of 2025

¶3

Subash Sahu

¶4

Petitioner

¶5

Mr.P.R.Sinha, Advocate

¶6

-versus-

¶7

State of Odisha …. Opp. Party

¶8

Mr. Partha Sarathi Nayak, Addl. Govt. Advocate

¶9

CORAM:

¶10

JUSTICE S.K. SAHOO

ORDER

Order No.

23.09.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

¶15

Heard learned counsel for the petitioner and learned counsel for the State.

¶16

This is an application for bail under section 483 of the B.N.S.S. in connection with Banarpal P.S. Case No. 76 of 2025 corresponding to G.R. Case No. 151 of 2025 pending in the file of the learned J.M.F.C., Banarpal for commission of offences under sections 309(c)/3(5) of B.N.S.

¶17

The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Angul vide order dated 14.08.2025.

¶18

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 17.03.2025, charge sheet has already been submitted, the offences are triable by Magistrate and after hearing the learned counsel for the State, I am inclined to

¶19

Page 1 of 2

¶20

release the petitioner on bail.

¶21

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

¶22

Violation of any of the conditions shall entail cancellation of bail.

¶23

The BLAPL is accordingly disposed of.

¶24

Issue urgent certified copy as per Rules.

¶25

( S.K. Sahoo)

¶26

PKSahoo

¶27

Signature Not Verified