Rashmita Swain @ Mita Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Rashmita Swain @ Mita Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether bail should be granted to the petitioner, Rashmita Swain @ Mita, under S.483 BNSS in Chandaka P.S. Case No. 204 of 2019, she being alleged to have abducted deceased Balaram Sahani, committed his murder by conspiracy with co-accused persons, and disposed of the dead body to cause disappearance of evidence (Ss.365/34/302/201/120-B IPC).

Court's answer

Taking into consideration the nature and gravity of the offences alleged against the petitioner vis-a-vis the accusations sought to be brought against her, the materials placed on record together with the statements of witnesses Baidhar Arukh and Sukanta Mallick, and the fact that the trial had already commenced with examination of the informant, the Court was not inclined to grant bail to the petitioner at this stage.

Detailed headnote1 paragraphs

Bail refused - BLAPL No.4596 of 2026 (High Court of Orissa at Cuttack, Justice G. Satapathy, oral order dated 07.07.2026). Application under S.483 BNSS by Rashmita Swain @ Mita for bail in Chandaka P.S. Case No. 204 of 2019, corresponding to C.T. Case No. 174 of 2026 pending before the District & Sessions Judge, Khurda at Bhubaneswar, where she is to be charge sheeted for offences punishable under Ss.365/34/302/201/120-B IPC on the main allegation of abducting the deceased Balaram Sahani, committing his murder by entering into conspiracy with co-accused persons, and disposing of the dead body to cause disappearance of evidence. FIR registered on 13.10.2019; petitioner arrested on 16.01.2026; investigating officer submitted charge sheet on 13.04.2026 while keeping the investigation open. With the trial already commenced (informant examined) and the statements of witnesses Baidhar Arukh and Sukanta Mallick on record, the Court, weighing the nature and gravity of the offences against the accusations against her, was not inclined to grant bail at this stage; the bail application stands rejected and the BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4596 of 2026

Rashmita Swain @ Mita

Petitioner

Mr. B.K. Behera, Advocate

-versus-

State of Odisha

Opposite Party

Mr. T.K. Acharya, Addl. PP

Order No.

02.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL): 07.07.2026

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Chandaka P.S. Case No. 204 of 2019 corresponding to C.T. Case No. 174 of 2026 pending in the file of learned District & Sessions Judge, Khurda at Bhubaneswar, for being charge sheeted for commission of offences punishable U/Ss.365/34/302/ 201/120-B of IPC, on the main allegation of abducting the deceased Balaram Sahani and committing his murder by entering into conspiracy with co-accused persons and disposing of the dead body to cause disappearance of evidence.

Heard, Mr. Bijaya Kumar Behera, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record.

After having considered the rival submissions upon perusal of record, it appears that FIR has been registered against the present petitioner on 13.10.2019, but the petitioner was arrested on 16.01.2026. In the meantime, the investigating officer has submitted charge sheet against the petitioner on 13.04.2026 for commission

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of offences punishable U/Ss. 365/34/302/201/120-B of IPC by keeping the investigation open. In 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 her and regard being had to the materials placed on record together with the statement of witnesses Baidhar Arukh and Sukanta Mallick and the trial having already commenced with examination of the informant, this Court is not inclined to grant bail to the petitioner at this stage.

Hence the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the Court in seisin over the matter 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: 07-Jul-2026 20:30:52

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