Dilip Garadia Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Dilip Garadia Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Each petitioner admitted to bail, subject to verification of criminal antecedents, on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties for the like amount, to the satisfaction of the learned Court in seisin; benefit of the order withheld if any petitioner is found to have criminal antecedents (acquittal in a particular case not counting as an antecedent). All three BLAPLs disposed of by this common order; urgent certified copy directed, and soft copy to be communicated to the concerned Court/Jail.

Issue for consideration

Whether the petitioners, charge sheeted in Rayagada P.S. Case No.319 of 2025 (CT Case No. 77 of 2025) for offences punishable under Sections 310(2)/61(2)(a)/318(2)/140(3) BNS and in custody since 02.09.2025, are entitled to bail under Section 483 BNSS. +1 more

Court's answer

Considering the nature and gravity of the alleged offences, the accusations against the petitioners, their pre-trial detention since 02.09.2025, the examination of the identifying witness, the absence of reported criminal antecedents, and the accused-petitioners' inherent right to be presumed innocent until proven guilty at trial, this Court, without expressing any view on merit, admits each of the petitioners to bail, subject to verification of their criminal antecedents.

Ratio / Principle

The bail applications stand allowed and the petitioners are permitted to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each.

Key takeaways

The bail bonds are to be furnished with two solvent sureties for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as that Court deems fit and proper.ratio¶6
In view of the counsel's submission, the benefit of the order shall not be extended to a petitioner found to have any criminal antecedent; however, the Court makes clear that acquittal of the accused in a particular case cannot be considered a criminal antecedent against him.ratio¶6

Detailed headnote1 paragraphs

Bail - S.483 BNSS - Three bail applications (BLAPL Nos. 5268, 2836 & 4828 of 2026) arising out of one and the same case record, Rayagada P.S. Case No.319 of 2025 corresponding to CT Case No. 77 of 2025 pending before the learned Addl. District & Sessions Judge, Rayagada, heard together and disposed of by common order. Petitioners charge sheeted for offences punishable under Sections 310(2)/61(2)(a)/318(2)/140(3) BNS on the allegation of committing dacoity by taking away Rs.9 lakhs and gold ornaments weighing 40 grams from the informant, along with co-accused persons. Considering the nature and gravity of the allegations vis-a-vis the accusations, pre-trial detention since 02.09.2025, examination of the identifying witness in the meantime, no criminal antecedent reported against any petitioner, and the inherent right of the accused to be presumed innocent until proven guilty, the Court, without expressing any view on merit, admitted each petitioner to bail subject to verification of criminal antecedents, on bail bonds of Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Court in seisin. Per counsel's volunteering, benefit of the order is withheld if a petitioner is found to have criminal antecedents; the Court clarified that acquittal in a particular case cannot be treated as a criminal antecedent. (G. Satapathy, J.; oral order dated 27.07.2026.)

IN THE HIGH COURT OF ORISSA AT CUTTACK Dillip Garadia & others (In BLAPL No.5268 2026) Radhika Halwa @ Sunita Naik (In BLAPL No.2836 of 2026) Tamana Praska (In BLAPL No. 4828 of 2026) … Petitioners

Mr. H.B.Dash, Advocate (In BLAPL No. 5268 of 2026) Mr.P.Panigrahi, Advocate (In BLAPL Nos. 2836 & 4828 of 2026)

-versus-

State of Orissa … Opposite Party Mr. P.Satapathy, Addl. PP

Order No.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL):27.07.2026

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

Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Rayagada P.S. Case No.319 of 2025 corresponding to CT Case No. 77 of 2025 pending in the file of learned Addl. District & Sessions Judge, Rayagada for being charge sheeted for commission of offences punishable U/Ss. 310(2)/61(2)(a)/318(2)/140(3) of BNS, on the main allegation of committing dacoity by taking away a sum of

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Rs.9 lakhs together with gold ornaments weighing 40grams from the informant, along with co-accused persons. 4. Heard Mr. Himanshu Bhusan Dash, learned counsel for the petitioner in BLAPL No. 5268 of 2026; Mr.Panchanan Panigrahi, learned counsel for the petitioners in BLAPL Nos. 2836 & 4828 of 2026; and Mr.P.Satapathy, learned Addl. PP in the matter and perused the record. On being queried about the criminal antecedents of the petitioners, the learned counsels for the respective petitioner volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent 5. After having considered the rival submissions and taking into account the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pretrial detention of the petitioners in custody since 02.09.2025 with examination of the identifying witness in the meantime and there being no criminal antecedent reported against any of the petitioners as claimed and keeping in view the other circumstance on record in entirety including the inherent right of the accused-petitioners to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedents.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty

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Thousand) each with two solvent sureties 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.

In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent. It is, however, made clear that the acquittal of the accused in a particular case cannot be considered it as a criminal antecedent against him.

Accordingly, these three BLAPLs stand 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

kishore

Signature Not Verified

Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 27-Jul-2026 19:35:59

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