Balaram Bisoi Vs State of Odisha

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Orkel P.S. Case No. 33 of 2025 corresponding to C.T. Case No. 45 of 2025 pending in the file of learned Addl. Sessions judge-cum-Special Judge, Malkangiri, for commission of offences punishable U/Ss. 85/296/109/351(2)(3) of BNS, on the main allegation of attempting to the life of his wife by assaulting her with sharp cutting weapon and subjecting her to torture and cruelty.

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Heard Mr. Soumya Kanta Tripathy, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record.

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Admittedly, the petitioner is in custody since 25.01.2025, but the trial is yet to be concluded, however, not a single witness has been examined yet as per the copy of the order sheet produced by the petitioner which reveals that the case has suffered adjournments for more than 13 times with the order sheets stating “no PW present, issue summons to rest of the CSWs fixing a date”. It appears that the learned trial Court has not

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addressed the examination of the witnesses in proper perspective and has merely recorded order sheets like this which is not expected, inasmuch as right to speedy trial is the fundamental right of the accused and the accused is presumed to be innocent until proven guilty at the trial and therefore, the Presiding Officer has to apply its mind personally as to whether the summons were issued to the witnesses and the same were served or not and whether the service return was back.

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In the aforesaid facts and situation and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-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 accusedpetitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail.

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

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(i) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed

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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.

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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.

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(G. Satapathy) Judge

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S.Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Jul-2026 18:23:04

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Balaram Bisoi v. State of Odisha

Case brief

What is this about?

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Balaram Bisoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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