Amareswar Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Amareswar Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, subject to fortnightly police-station reporting for three months from release and attendance at every trial posting; urgent certified copy ordered and soft copy to be communicated to the concerned Court/Jail; BLAPL disposed of.

Issue for consideration

Whether the petitioner, in custody since 25.04.2024 for alleged offences under Ss. 394/457 IPC (robbery by trespass into the house of victim Kanchanbala Nayak), should be admitted to bail now that the identifying witness has been examined while the trial (S.T. Case No. 23 of 2025) remains unconcluded.

Court's answer

The Court admitted the petitioner to bail without expressing any view on merit, having regard to the nature and gravity of the alleged offences, the accusations sought to be brought against him, his pre-trial detention in custody since 25.04.2024, other circumstances on record, and the accused's inherent right to be presumed innocent until proven guilty at trial.

Ratio / Principle

Bail granted on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as it deems fit and proper.

Key takeaways

Conditions imposed: (i) the petitioner shall report attendance before the jurisdictional Police Station once a fortnight, preferably on a Sunday between 10 A.M. and 12 Noon, for three months from the actual date of release from custody; and (ii) during the trial he shall attend the trial Court on each date of posting without fail (unless his attendance is dispensed with) and cooperate with the Court during the trial.ratio¶¶14
If the petitioner fails without sufficient cause to appear in Court in accordance with the terms of the bail, the learned trial Court may proceed against him for the offence under S.269 of BNS, 2023 in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Bail application under S.483 BNSS (BLAPL No.2223 of 2026, High Court of Orissa at Cuttack, decided 08.07.2026) by Amareswar Mohanty, in custody since 25.04.2024 in connection with Choudwar P.S. Case No. 137 of 2024 / S.T. Case No. 23 of 2025 (learned CJM-cum-ASJ, Cuttack) for offences punishable under Ss. 394/457 IPC — robbery alleged by trespass into the house of victim Kanchanbala Nayak and taking away valuables by causing injury to her. An earlier order (BLAPL No. 7916 of 2025) had permitted renewal of the bail prayer after examination of the identifying witness, who has since been examined, though the trial remains unconcluded. With the informant's counsel stating no objection to release, the Court (G. Satapathy, J.), without expressing any view on merit and weighing the nature and gravity of the alleged offences, the period of pre-trial detention and the accused's right to be presumed innocent until proven guilty, admitted the petitioner to bail on a bond of Rs.25,000/- with one solvent surety for the like amount, conditioned on (i) fortnightly reporting of attendance at the jurisdictional Police Station (preferably Sundays, 10 A.M.–12 Noon) for three months from actual release, and (ii) attendance at the trial Court on every posting and cooperation during trial; default without sufficient cause may expose the petitioner to prosecution under S.269 of BNS, 2023, and the I.I.C. was directed not to detain him beyond the stipulated time after recording attendance. BLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2223 of 2026

Amareswar Mohanty … Petitioner Mr. S.S. Dash, Advocate

-versus-

State of Odisha …

… Opposite Party Mr. C. Mohanty, Addl. PP Ms. B. Mishra, Advocate (informant)

CORAM: JUSTICE G. SATAPATHY

Order No.

ORDER(ORAL): 08.07.2026

02. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Choudwar P.S. Case No. 137 of 2024 corresponding to S.T. Case No. 23 of 2025 pending in the file of learned CJM-cum-ASJ, Cuttack, for commission of offences punishable U/Ss. 394/457 of IPC, on the main allegation of committing robbery by trespassing into the house of the victim Kanchanbala Nayak and taking away valuables by causing injury to her.

Heard, Mr. Sudhanshu Sekhar Dash, learned counsel for the petitioner, Mr. C. Mohanty, learned Addl. PP and Ms. Bini Mishra, learned counsel for the informant in the matter and perused the record including the copy of the deposition of PWs.1 to 6. At the outset, Ms. Bini Mishra, learned counsel for the informant submits that the informant has got no objection, if the petitioner is released on bail.

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Admittedly, the petitioner has been granted liberty in BLAPL No. 7916 of 2025 to renew his prayer for bail after examination of identifying witness, but in the meantime, the identifying witness Kanchanbala Nayak has already been examined, however, the trial is yet to be concluded, but the petitioner is in custody since 25.04.2024. In view of the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody and taking into account the other circumstances on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, admits the petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

(i) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03)

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months from the actual date of release from the custody &

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and shall cooperate the Court during the trial. In case the Petitioner fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy) Judge

S.Sasmal

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Jul-2026 17:01:45

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