BLAPL/8835/2026 of DUKHISHYAM BADATIA Vs STATE OF ODISHA on 10 September 2026

1. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Nayagarh Sadar PS Case No.149 of 2025 corresponding to ST Case No.18/26 of 2026 pending in the file of learned Addl. Sessions Judge, Nayagarh for commission of offences punishable U/Ss. 126(2)/296/115(2)/118(1)/109/103(1)/351(2)/3(5) of BNS, on the main allegation of assaulting the deceased Babu Swain to death and injuring the informant Mama Swain and Amar Swain by attacking them with lethal weapons, along with co- accused persons in furtherance of their common intention.

2. Heard, Mr. Amitav Tripathy, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record together with the copy of deposition of PW1 to PW3.

3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusation sought to be brought against them and regard being had to the pre trial detention of the Petitioners in custody since 28.05.2025 with examination of material witnesses in the meantime and thereby, there being little apprehension of tampering of evidence of material witnesses and further, taking into account the assault and counter assault by each other with alleged injuries to the petitioner also and the main allegation of giving blow to the deceased by means of axe being directed against co-accused Ramesh Badatia whose bail application has already been not pressed and keeping in view the other circumstances on record in entirety including the circumstance of transaction and the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial and no material being placed on record to suggest that the petitioner would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit admits the petitioner to bail.

4. 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 except cash surety as deem fit and proper by it.

5. 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 Priyajit Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 10-Sep-2026 19:59:13 Signature Not Verified