Naba @ Nabakishore Sethy & Anr. vs State of Odisha

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 Nikirei PS Case No.300 of 2025 corresponding to GR Case No.425 of 2025 pending in the file of learned JMFC(CT), Kendrapara, for commission of offences punishable U/Ss.191(2)/191(3)/103/190 of BNS, on the main allegation of rioting, along with co-accused persons being armed with different weapons and attacking the deceased Nrushingha Charan Sethy causing injury to him, but subsequently, the deceased dying while undergoing treatment.

Heard, Mr. Sailaza Nandan Das, learned counsel for the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record together with the copy of deposition of PW1 to PW9.

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 19.08.2026 with examination of nine witnesses who have not materially supported the prosecution allegation against the Petitioners in the meantime and keeping in view the other circumstances on record in entirety including inherent right of the accused to be presumed innocent until proven guilty at the trial and the status of the Petitioner Naba @ Nabakishore Sethy as an old man of 78 years and the status of the Petitioner Sabita Sethy as a lady, and applying the first proviso appended to Sec. 480 of BNSS, this Court without expressing any view on merits admits each of the petitioners to bail.

Hence, these two bail applications of the petitioners namely Naba @ Nabakishore Sethy (In BLAPL No.2743 of 2026) and Sabita Sethy (In BLAPL No.2011 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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:-

Accordingly, these BLAPLs stand 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.