Mukesh Hansa Vs State of Odisha

The Petitioner being in custody in Tikabali P.S. Case No.18 of 2026, corresponding to C.T. Case No.18 of 2026 pending in the court of learned J.M.F.C., G. Udayagiri , registered for the alleged commission of offences under Section 103(1)/238 of BNS, 2023, has filed this petition for his release on bail.

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 14-May-2026 18:32:11

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The brief fact of the case is that the deceased named Duryodhan Bagarty was the son of the informant named Dasarathi Bagarty. The present accused-petitioner along with other co-accused suspected that the deceased D. Bagarty was practicing witchcraft and incidentally some of the co-villagers died without any specific reason. One of the brothers of the present accused-petitioner Mukesh Hansa named Manas Hansa died seven months back at a young age for which the present accused-petitioner Mukesh Hansa and co-accused Prakash Hansa presumed that the deceased by practicing witchcraft and black magic had killed their brother Manas. Hence, they searched for an opportunity to commit the murder of the deceased. On the date of the occurrence i.e. on 04.01.2026, the deceased had been to R.Nuagaon for some personal work on his bicycle during evening hours. While he was returning back to the village, on the way near Khaliberana Road in between 8.30 P.M to 9.00 P.M, coaccused persons named Prakash Hansa (the brother of the present accused-petitioner) and one Jitendra Guru were present there. Seeing the deceased, both the accused persons assaulted him by giving blows on his head by means of a wooden plank as a result of which, the deceased lost his senses with profuse bleeding. Thereafter, Prakash Hansa and Jitendra Guru smashed the head of the deceased by means of

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 14-May-2026 18:32:11

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a rock and then Prakash Hansa called his brother named Mukesh Hansa (the present accused-petitioner) over phone and asked him to come to help them to get rid of the body of the deceased to screen off evidence. Thereafter, the present accused-petitioner came to them and help them to load the dead body of the deceased in their pulsar motorcycle and take the same to 'Chunapuda' Ghat road. Then, they took the dead body to the road side and threw it there, they brought petrol from the motorcycle, poured the same over the dead body and set fire on the dead body to make it un-identifiable. Hence, this case.

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Learned counsel for the Petitioner submits that the Petitioner is not named in the FIR. He further submits that one Prakash Hansa and Rajesh Guru have committed the murder of the deceased. The Petitioner has been implicated in this case based on the confessional statement of the co-accused persons. He further submits that in the meantime, the charge sheet has already been submitted. Moreover, the Petitioner has been in custody since 10.01.2026. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State submits that the Petitioner alleged to have been involved in heinous crime of murder. Hence, he vehemently opposes the prayer for bail.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 14-May-2026 18:32:11

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Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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i. The Petitioner shall appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.;

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