Rakesh Behera & Anr. vs State of Odisha

G. Satapathy, J.

This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Deogarh PS Case No.87 of 2026 corresponding to CT Case No.95 of 2026 pending in the Court of learned SDJM, Deogarh for commission of offences punishable under Sections 329(3)/ 296/ 118(2)/ 50/ 109(1)/ 303(2)/ 351(3)/ 3(5) of BNS, on the main allegation of attempting to the life of the injured Bharat Sahu by assaulting him, along with co-accused persons showing Bhujali after dragging the injured by putting a scarf on his neck.

Heard, Mr. Amlan Shakti Paul, learned counsel for the petitioner; Mr. T.K Acharya, learned Addl. PP and Mr. Siddhartha Samal, learned counsel for the informant appearing virtually in the matter and perused the record.

Mr. Samal submits that the intention of the petitioners is very clear which is evident from the FIR and whatever may be the nature of injury to the injured, but the privacy of the injured has been infringed and he was assaulted when he was taking bath and the motive behind the crime is to take revenge against the informant for trapping his brother-in-law(Sadhu)-cum-co-accused Rakesh Behera in a vigilance case and thereby, the bail application of the petitioner may kindly be rejected.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-‡-vis the accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 13.05.2026 with submission of charge-sheet in the meantime and taking into account the nature of six injuries sustained by the injured, which are opined by the Doctor to be simple in nature and can be caused by hard and blunt object and keeping in view the other circumstances on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial and no criminal antecedent being reported against the petitioners, this Court without expressing any view on merit admits the petitioners to bail, but subject to certain conditions.

Hence, the bail application of the petitioners stands allowed and they are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five) 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 as deem fit and proper by it with following conditions:-

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.