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Judgment
G. Satapathy, J.
Since these two 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 the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Nimakhandi PS Case No.361 of 2025 corresponding to ST Case No.48 of 2026 pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, for commission of offences punishable U/Ss.103(1)/3(5) of BNS, on the main allegation of committing murder of the deceased Milan Nayak by assaulting him and throttling his neck.
Heard, Mr. Biswa Kumar Mishra, learned counsel for the petitioner in BLAPL No.3130 of 2026 and Mr. Achyutananda Pattanaik, learned counsel for the petitioner in BLAPL No.5110 of 2026 and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record.
After having considered the rival submissions upon perusal of record, it appears that the petitioner-Aswini Kumar Patra @ Patro was running a De-addiction Centre and the deceased was admitted therein, but subsequently the deceased was found injured and declared dead in the hospital. The doctor conducting autopsy on the dead body of the deceased initially kept the opinion as to cause of death of the deceased reserved pending analysis of viscera, however, on receipt of viscera, the doctor opined that the cause of death of the deceased was due to asphyxia as a result of compressive force over neck area and its complications, but the deceased was under the custody of the petitioners. Besides, the deceased had also sustained some injuries. No doubt, it is submitted for the petitioners that the deceased had self-inflicted the injuries, but the injury nos.1 & 2, which were with regard to application of constrictive force over the neck area cannot ordinarily be possible on self-infliction and it were also ante mortem in nature. In the aforesaid facts and circumstance and taking into account the nature and gravity of the nature and gravity of the offences as alleged against the petitioners vis-‡-vis the accusations sought to be brought against them and regard being had to the materials placed on record together with the recovery of two plastic pipes at the instance of the petitioners pursuant to their disclosure statements, this Court is not inclined to grant bail to any of the petitioners at this stage.
Hence, these two bail applications of the petitioners namely Aswini Kumar Patra @ Patro (In BLAPL No.3130 of 2026) and Anshuman Choudhury @ Ansuman Choudhury (In BLAPL No.5110 of 2026) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.