Suraj Kumar Sahu @ Papu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Suraj Kumar Sahu @ Papu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with G.R. Case No.208 of 2025, further corresponding to S.T. Case No.115 of 2025, arising out of Kabisurya Nagar P.S. Case No.210 of 2025, on furnishing a bail bond of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Kodala, with liberty to impose other suitable conditions.

Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with G.R. Case No.208 of 2025 / S.T. Case No.115 of 2025 (Kabisurya Nagar P.S. Case No.210 of 2025), his earlier bail plea having been rejected in BLAPL No.5251 of 2025. +1 more

Court's answer

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with G.R. Case No.208 of 2025, further corresponding to S.T. Case No.115 of 2025, arising out of Kabisurya Nagar P.S. Case No.210 of 2025, on furnishing a bail bond of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Kodala, who is at liberty to impose such other suitable conditions.

Ratio / Principle

Though there was a homicidal death on account of strangulation, regard being had to the circumstances under which the alleged incident might have taken place due to the conduct of the deceased as revealed from the chargesheet (Annexure-2), and since the investigation is concluded, the Court was inclined to allow the petitioner to go on bail with suitable conditions.

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — second bail application after rejection of earlier plea in BLAPL No.5251 of 2025 (order dated 10.06.2025) — chargesheet filed (Annexure-2, dated 30.06.2025) and investigation concluded — homicidal death of the petitioner's brother by strangulation; deceased addicted to alcohol and given to causing disturbances in the family as revealed from the chargesheet; rope recovered at the petitioner's instance (Section 27, Indian Evidence Act) on alleged confession; co-accused mother of the deceased already released — bail granted subject to bail bond of Rs.50,000/- with one solvent surety, trial court at liberty to impose further conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9737 of 2025

Suraj Kumar Sahu @ Papu …. Petitioner

Mr. B.S. Dasparida, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S.K. Swain, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER

24.09.2025

Heard learned counsel for the respective parties.

Instant petition under Section 483 BNSS is filed seeking release of the petitioner on bail in connection with G.R. Case No.208 of 2025 further corresponding to S.T. Case No.115 of 2025 pending in the file of learned Additional Sessions Judge, Kodala arising out of Kabisurya Nagar P.S. Case No.210 of 2025 on the grounds stated.

This Court had rejected the plea for bail of the petitioner vide BLAPL No.5251 of 2025 by order dated 10^th June, 2025, a copy of which is at Flag-A.

Mr. Dasparida, learned counsel for the petitioner submits that in the meantime, the chargesheet is filed in the month of June, 2025 and considering the same and circumstances leading to the death of the deceased, who happens to the brother of the petitioner, the latter should be allowed to go on bail with any conditions, to which, an

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objection is received by Mr. Swain, learned AGA for the State on the ground that there are no change circumstances to reconsider such plea, hence, to be rejected.

Perused the chargesheet as at Annexure-2 filed on 30^th June, 2025 and therein, it is revealed that the deceased was addicted to alcohol and other vices and used to cause disturbances in the family. The Court finds that there has been a recovery of a rope said to have been at the instance of the petitioner. Mr. Dasparida, learned counsel for the petitioner submits that on the confession of the petitioner, he has been implicated. The incriminating material, such as, the rope allegedly recovered at the behest of the petitioner in terms of Section 27 of Indian Evidence Act, as further submitted. The other accused, namely, mother of the deceased has already been released by the Court’s order in BLAPL No.5251 of 2025 while rejecting the petitioner’s plea. Recording the objection of Mr. Swain, learned AGA for the State and though, there has been a homicidal death on account of strangulation but regard being hard to the circumstances under which the alleged incident might have taken place due to the conduct of the deceased as revealed from Annexure-2 and since the investigation is concluded in the meantime, the Court is inclined to allow the petitioner to go on bail with suitable conditions.

6. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.208 of 2025

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further corresponding to S.T. Case No.115 of 2025 arising out of Kabisurya Nagar P.S. Case No.210 of 2025 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Kodala, who shall be at liberty to impose such other suitable conditions as deemed just and proper and in the facts and circumstances of the case.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

Rojina

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC,CTC Date: 25-Sep-2025 15:41:31

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