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Judgment
G. Satapathy, J.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Sheragada P.S. Case No. 545 of 2023 corresponding to S.T. Case No. 35 of 2024 pending in the file of learned Addl. Sessions Judge, Aska, Ganjam, for commission of offence punishable U/S. 302/201/34 of IPC, on the main allegation of committing murder of the deceased Mangala Gouda @ Bhuyan by assaulting him with sharp cutting weapon.
In the course of hearing, Mr. Shaktidhar Das, learned Senior Counsel, who is being assisted by Mr. M. Faradish, learned counsel appearing virtually for the petitioner in BLAPL No. 5931 of 2026 submits that the petitioner is in custody, but the co-accused-father namely Surendra Bhuyan has already been granted bail, but there appears omnibus allegation against the petitioner and thereby, the petitioner- Papun Bhuyan may kindly be granted bail.
On the other hand, Mr. Sapan Kumar Lenka, learned counsel for the petitioner in BLAPL No. 1138 of 2026 submits that the allegation against the petitioner is omnibus in nature, but he is in custody since long and thereby, the petitioner- Baya @ Bayadhar Bhuyan may kindly be granted bail.
Mr. T.K. Acharya, learned Addl. PP submits that not only there appears allegation against the petitioners for assaulting the deceased with sharp cutting weapon, but also his PM report reveals chopped and incised wound on his person and most of the witnesses have stated against these petitioners for assaulting the deceased, but the co-accused-father, who was granted bail, stands on different footing, since he had not participated in the assault and thereby, the present petitioners being not similarly situated with the co-accused released on bail, their bail applications may kindly be rejected.
After having considered the rival submissions upon perusal of record, not only there appears allegation against the petitioners for committing murder of the deceased by assaulting him with sharp cutting weapon, but also the PM report of the deceased discloses incised and chopped wounds on his person. Right now, 17 witnesses have already been examined and the trial is likely to be concluded soon, since there are only 24 charge sheeted witnesses. Besides, co-accused Surendra Bhuyan released on bail stands on a different footing inasmuch as he was allegedly instigating the co-accused to assault the deceased, but the main allegation of assaulting the deceased is directed against these two petitioners. In the aforesaid premises and on consideration of materials placed on record keeping in view examination of 17 out of 24 charge sheeted witnesses in the meantime and trial being likely to be concluded in near future, this Court is not inclined to grant bail to either of the petitioners.
Hence, both these bail applications of the petitioners-Papun Bhuyan (BLAPL No.5931 of 2026) and Baya @ Bayadhar Bhuyan (BLAPL No. 1138 of 2026) stand rejected. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this judgment be immediately forwarded to the court in seisin over the matter for reference.