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Judgment
G. Satapathy, J.
Since these four 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 four bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Hirakud PS Case No.210 of 2025 corresponding to ST Case No.33 of 2026 pending in the file of learned Sessions Judge, Sambalpur for commission of offences punishable U/Ss. 109/103(1)/3(5)/61(2) of BNS, on the main allegation of committing murder of Kalu Bahadur and injuring Satya Ranjan Dhal by assaulting them, along with co-accused persons by means of sharp cutting weapon in furtherance of their common intention.
Heard, Mr. Surendra Mohanty, learned counsel for the petitioners in BLAPL No. 5237 of 2026; Mr. Bidyadhar Panda, learned counsel for the Petitioner in BLAPL No. 2546 of 2026; Mr. Pradeep Kumar Nath, learned counsel for the Petitioner in BLAPL No. 3649 of 2026; Mr. Bibhuti Bhusan Pattnaik, learned counsel for the Petitioner in BLAPL No. 6218 of 2026; Mr. Dibya Prakash Mishra, learned counsel for the Informant in all these bail applications and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of PW1.
After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners Pratap Behera, Sahil Behera and Raja Barik @ Raj Barik for assaulting the injured and the deceased, whereas there appears allegations against the Petitioners Bishal Mahananda, Om Behera and Krish Behera for entering into conspiracy and providing support to co-accused persons, however, the injured eye witness having been examined as PW1 has not whispered the names of Bishal Mahananda, Om Behera and Krish Behera. Additionally, the Petitioners are in custody, but the material witness like PW1 has already been examined, however, the other material witnesses are yet to be examined. In the aforesaid facts and circumstances and taking into account the pretrial detention of the Petitioners Bishal Mahananda, Om Behera and Krish Behera in custody and the role as alleged against them and taking into account the other circumstances on record in entirety including the inherent right of the accused-Petitioners to be presumed innocent until proven guilty at the trial and no material being collected to suggest that the above petitioners would abscond or tamper with the prosecution evidence, but there being prima facie allegation against the Petitioners Pratap Behera, Sahil Behera and Raja Barik @ Raj Barik, this Court while not being inclined to grant bail to the Petitioners the Petitioners Pratap Behera, Sahil Behera and Raja Barik @ Raj Barik, considers it proper to grant bail to the Petitioners Bishal Mahananda, Om Behera and Krish Behera.
Hence, the bail application of the Petitioners Pratap Behera, Sahil Behera and Raja Barik @ Raj Barik in BLAPL No. 5237 of 2026 stands rejected, whereas the bail applications of the petitioners namely Bishal Mahananda, Om Behera and Krish Behera in BLAPL Nos. 2546, 3649 & 6218 of 2026 stands allowed and consequently, the Petitioners Bishal Mahananda, Om Behera and Krish Behera are 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.
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.