Disposed¶31

Devgan @ Prakash @ Narayan Kherwar v. State of Odisha

Orissa HC27 Apr 2026BLAPL/2090/2026

Case brief

AI extract

What is this about?

Orissa HC bail refusal; BLAPL No.2090 of 2026; S.483 BNSS 2023; double murder; Talcher P.S. Case No.236 of 2013; C.T.(S) Case No.70 of 2025; Ss.302/34 IPC; Ss.25/27 Arms Act; court below rejected bail 10.12.2025; eye witness Simran Devi unexamined; liberty to renew plea after eye witness examined; trial court to examine eye witnesses preferentially; disposed 27.04.2026; S.S. Mishra, J.

What did the court decide?

Bail refused at this stage; petitioner at liberty to renew his bail plea after the eye witness (Simran Devi) is examined. ¶31

Devgan @ Prakash @ Narayan Kherwar Vs State of… — Murder and Culpable Homicide | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2090 of 2026

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Devgan @ Prakash @ …. Petitioner(s) Narayan Kherwar

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Mr. Chiranjib Rout, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. Partha Sarathi Nayak, AGA

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

1. Heard.

27.04.2026

2. The petitioner is an accused in connection with

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Talcher P.S. Case No.236 of 2013 corresponding to

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C.T.(S) Case No.70 of 2025 registered on the allegation

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of the commission of offences under Sections 302/34 of

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I.P.C. read with Section 25/27 of the Arms Act pending

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in the Court of the learned Additional Sessions Judge, Talcher.

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3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 10.12.2025 has rejected the bail

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application of the petitioner. Being aggrieved, the

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petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail.

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4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case, in brief, is that on the night of 27/28.07.2013 at about 2:00 a.m., co-accused Deepak Choudhry and his associates, at the weekly market of Angarua, Talcher, killed the complainant’s husband, Devaraj Gope, who succumbed to a gunshot injury. It is further alleged that the culprits also fired at Jagabandhu Kherual, who sustained a gunshot injury to his head. Subsequently, the complainant lodged a written report before the IIC, Talcher P.S., on the basis of which Talcher P.S. Case No. 236 dated 28.07.2013 was registered under Sections 302/307/34 IPC read with Sections 25/27 of the Arms Act.

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6. Mr. Nayak, learned Additional Government Advocate for the State submits that the eye witness of

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the occurrence, namely, Simran Devi, has not yet been examined.

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7. This is a case of double murder. Therefore, I am

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not inclined to admit the petitioner to bail at this stage. However, liberty is granted to the petitioner to renew his bail plea after the eye witness of the occurrence is examined. It is expected that the learned trial Court may do well to see that the eye witnesses are examined preferentially over all other witnesses.

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8. With this observation, the BLAPL is disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2026 16:59:43

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Devgan @ Prakash @ Narayan Kherwar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Devgan @ Prakash @ Narayan Kherwar v. State of Odisha

Case brief

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