Kankan Joddar Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

Kankan Joddar Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether bail under Section 483 of BNSS should be granted to petitioners Kankan Joddar (BLAPL No.12601 of 2025) and Sukumar Ray (BLAPL No.12772 of 2025), who are charge-sheeted for offences punishable under Sections 103(2)/238(a)/3(5) of BNS read with Section 27 of the Arms Act in connection with Motu PS Case No.79 of 2025 (CT Case No.105 of 2025) pending before the learned Addl. Sessions Judge, Malkangiri.

Court's answer

Bail is refused to both petitioners. The Court considered the nature and gravity of the alleged offences vis-a-vis the allegations against them, the materials placed on record, the identification of the petitioners in the TI parade, and the availability of criminal antecedent against petitioner-Sukumar Ray, and was not inclined to grant bail to any of the petitioners.

Detailed headnote1 paragraphs

Bail Applications - Rejected. High Court of Orissa at Cuttack (G. Satapathy, J.), oral order dated 02.05.2026: Bail applications under Section 483 of BNSS moved by Kankan Joddar (BLAPL No.12601 of 2025) and Sukumar Ray (BLAPL No.12772 of 2025), arising out of Motu PS Case No.79 of 2025 corresponding to CT Case No.105 of 2025 pending before the learned Addl. Sessions Judge, Malkangiri, were heard together and disposed of by a common order. The petitioners are charge-sheeted for offences punishable under Sections 103(2)/238(a)/3(5) of BNS read with Section 27 of the Arms Act, on the allegation of committing the murder of one CH Naresh and injuring the informant Tarun Kumar Rajendra Hati by assaulting them with sword to forcibly take away the informant's Ertiga car and causing disappearance of evidence. Considering the nature and gravity of the offences, the materials on record including depositions of PWs 1 to 6, the identification of the petitioners in the TI parade, and the criminal antecedent available against petitioner-Sukumar Ray, the Court declined bail to both petitioners and rejected both BLAPLs.

IN THE HIGH COURT OF ORISSA AT CUTTACK

Kankan Joddar (In BLAPL No.12601 of 2025) Sukumar Ray

(In BLAPL No.12772 of 2025) … Petitioners

Mr. B.K. Behera, Advocate (in both the bail applications)

-versus-

Order No. 04.

State of Odisha … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL):02.05.2026 1. These matters are taken up through Hybrid Arrangement (Virtual/Physical Mode).

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Motu PS Case No.79 of 2025 corresponding to CT Case No.105 of 2025 pending in the file of learned Addl. Sessions Judge, Malkangiri, being charge-sheeted for commission of offences punishable U/Ss.103(2)/ 238(a)/3(5) of BNS r/w Sections 27 of Arms Act, on the main allegation of committing murder of one CH Naresh and injuring the informant Tarun Kumar Rajendra Hati by assaulting them with sword only to forcibly take away the Ertiga car of the informant and causing disappearance of evidence.

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Heard Mr. Bijay Kumar Behera, learned counsel for the petitioners in both the bail applications and Mr.R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record including the copy of depositions of PWs 1 to 6.

After having considered the rival submissions and taking into account the nature and gravity of offences as alleged against the petitioners vis-à-vis the allegation sought to be brought against them and regard being had to the materials placed on record together with the identification of the present petitioners in the TI parade and keeping in view the other circumstance on record in entirety and the availability of criminal antecedent against the petitioner-Sukumar Ray, this Court is not inclined to grant bail to any of the petitioners.

Hence, these two bail applications of the petitioners namely Kankan Joddar (In BLAPL No.12601 of 2025) and Sukumar Ray (In BLAPL No.12772 of 2025) stand rejected. Accordingly, both the BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.

(G. Satapathy) Judge

kishore

Signature Not Verified

Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 04-May-2026 10:22:50

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