Dismissed¶19

Ajaya Nayak v. State of Odisha

Orissa HC2 May 2026BLAPL/13143/2025

Case brief

AI extract

What is this about?

Keywords: BLAPL No.13143 of 2025; High Court of Orissa at Cuttack; Justice G. Satapathy; bail application S.483 BNSS; offence S.302 IPC; life convict; murder while undergoing life sentence; assault with plastic pipe; UTP Charan Behera; Bhanjangart PS Case No.666 of 2023; ST Case No.276 of 2023; Addl. Sessions Judge Bhanjanagar; PM report multiple injuries fracture 6th-9th ribs; expedite trial; bail rejected/application disposed 02.05.2026; counsel Amit Prasad Bose (A.P. Bose); Addl. PP R.B. Mishra.

What did the court decide?

Bail refused; on the alternative prayer, trial directed to be expedited if there is no other legal impediment, with immediate transmission of the order copy to the learned court in seisin. ¶19

Ajaya Nayak Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail refused; on the alternative prayer, trial directed to be expedited if there is no other legal impediment, with immediate transmission of the order copy to the learned court in seisin.

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Issue for consideration

Whether the petitioner, a life convict who was undergoing sentence at the relevant time of occurrence and is alleged to have assaulted the deceased (UTP Charan Behera) to death by means of a plastic pipe, should be granted bail under S.483 BNSS in ST Case No.276 of 2023 (offence under S.302 IPC).

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Court's answer

Taking into account the nature and gravity of the offence alleged, the materials placed on record (including the post-mortem report disclosing number of injuries and fracture of the 6th, 7th, 8th and 9th ribs), and the allegation that the petitioner committed the murder of the deceased while undergoing life sentence in another case, the Court declined to grant bail.

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Ratio / Principle

In view of the alternative prayer advanced by learned counsel for the petitioner, the trial was directed to be expedited if there is no other legal impediment; a copy of the order to be immediately transmitted to the learned court in seisin over the matter.

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Detailed headnote1 paragraphs

Bail application under S.483 BNSS by Ajaya Nayak, a life convict, in Bhanjangart PS Case No.666 of 2023 corresponding to ST Case No.276 of 2023 (offence punishable U/S.302 of IPC) pending before the learned Addl. Sessions Judge, Bhanjanagar. Allegation: the petitioner assaulted under-trial prisoner Charan Behera by means of a plastic pipe only to kill him, while the petitioner himself was undergoing life sentence in another case. Post-mortem report revealed a number of injuries and fracture of the 6th, 7th, 8th and 9th ribs. Weighing the nature and gravity of the offence vis-a-vis the allegations and the materials on record, the Court (G. Satapathy, J.; oral order dated 02.05.2026) was not inclined to grant bail and rejected the application; on the alternative prayer it directed expedition of the trial, if there is no other legal impediment, and immediate transmission of the order to the court in seisin.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13143 of 2025

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Ajaya Nayak

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Petitioner

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Mr. A.P.Bose, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. R.B. Mishra, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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02.

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ORDER(ORAL):02.05.2026

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bhanjangart PS Case No.666 of 2023 corresponding to ST Case No.276 of 2023 pending in the file of learned Addl. Sessions Judge, Bhanjanagar, for commission of offences punishable U/S.302 of IPC, on the main allegation of assaulting one UTP namely Charan Behera by means of a plastic pipe only to kill him.

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Heard, Mr. Amit Prasad Bose, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions upon perusal of record, it is not disputed that the present petitioner is a life convict and he was undergoing sentence at the relevant time of occurrence and he has allegedly assaulted the deceased to death by means of a plastic pipe. The PM report of the

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deceased reveals number of injuries and fracture of 6, 7, 8 & 9^th rib. In the aforesaid facts and circumstance and taking into account the nature and gravity of the offence as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials placed on record together with the allegation against the petitioner for committing murder of the deceased while undergoing life sentence in another case, this Court is not inclined to grant bail to the petitioner.

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Hence, the bail application of the petitioner stands rejected. In view of the alternative prayer as advanced by the learned counsel for the petitioner, trial be expedited, if there is no other legal impediment.

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Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter.

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(G. Satapathy) Judge

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kishore

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Signature Not Verified

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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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Ajaya Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajaya Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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