Sharat Pradhan Vs State of Odisha

This is an application under section 483 of B.N.S.S. in connection with G.R. Case No.309 of 2025 arising out of Rairakhol P.S. Case No.127 of 2025 pending in the Court of learned S.D.J.M., Rairakhol for offences punishable under sections 103(1)/3(5)/ 238(b) of B.N.S.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Rairakhol, which was rejected on 25.08.2025.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 24.05.2025

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and he has been charge sheeted under sections 103(1)/3(5)/238(b) of B.N.S. Learned counsel further submits that Tuna Kisan is an eye witness to the occurrence and he has stated that it was the coaccused Bibhuti Bhusan Pradhan, who assaulted the deceased Prafulla Naik by means of a tangia as a result of which the deceased succumbed to the injuries. Learned counsel further submits that only role attributed against the petitioner is that he accompanied the main accused to the spot. Learned counsel further submits that in view of the materials available on record and the nature of overt act attributed against the petitioner, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and placed the statement of eye witness Tuna Kisan recorded under section 183 B.N.S.S. and further submits that the post mortem report indicates that the deceased has sustained six incised wounds.

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On a reading of the aforesaid statement of the eye witness under section 183 B.N.S.S., though it appears that both the accused persons, namely, the petitioner and the co-accused Bibhuti Bhusan Pradhan assaulted the deceased, but the statement which has been recoded under section 180 B.N.S.S. indicates that it was the co-accused Bibhuti Bhusan Pradhan, who assaulted the deceased.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of overt act attributed against the petitioner and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and condition as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( S.K. Sahoo)

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 25-Sep-2025 13:37:16

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Sharat Pradhan v. State of Odisha

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Sharat Pradhan v. State of Odisha

Case brief

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