BLAPL/3858/2026 of RAJESH GOND Vs STATE OF ODISHA on 8 September 2026

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Raighar PS Case No.235 of 2025 corresponding to CT Case No.09 of 2026 pending in the file of learned Addl. District & Sessions Judge, Umerkote for commission of offences punishable U/S. 103(1) of BNS, on the main allegation of committing murder of the deceased Soapsingh Gond by assaulting him with split wood.

2. In the course of hearing, Mr.Umakanta Barik, learned counsel for the petitioner submits that even if the materials on record are taken into consideration, no case U/S. 103(1) of BNS is made out against the petitioner, rather at best a case U/S. 105-II of BNS which is not punishable with imprisonment for life or death would be attracted and the petitioner having already been detained in custody for near about one year, he may kindly be granted bail.

2.1. On the other hand, Mr.R.B.Mishra, learned Addl. PP by inviting attention of the Court to the allegation levelled against the petitioner and the statement of eye witness, prays to reject the bail application of the petitioner by contending inter alia that the offence alleged against the petitioner is U/S. 103(1) of the BNS which is punishable imprisonment for life and death.

3. After having considered the rival submissions 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 him and regard being had to the pre-trial detention of the petitioner in custody since 23.11.2025 with submission of the charge-sheet in the meantime and taking into account the other circumstance on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial and the circumstance preceding to the incident and no material being collected to suggest that the petitioner would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merits 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. 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 Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 08-Sep-2026 20:33:22 Signature Not Verified