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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kendrapara Sadar P.S. Case No.540 of 2025 corresponding to G.R. Case No.2286 of 2025 pending in the file of SDJM, Kendrapra, for commission of offences punishable U/Ss. 115(2)/109/3(5) of BNS r/w. Sec.25/27 of Arms Act, on the main allegation of attempting to the life of the injured Akha Mandal by assaulting him with hockey stick and firing at him, along with co-accused persons in furtherance of their common intention.
Heard, Mr. Deepak Kumar Sahoo, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record.
After having considered the rival submissions upon perusal of record, it appears from the record that the FIR has been registered against unknown persons, but there appears allegation against the petitioner for assaulting the injured, but no TI parade has been conducted to identify the suspect/ petitioner, however, the petitioner has been implicated in this case on the basis of statement of witness Samarendra Sethi. It is further found from the record that the main allegation of firing at the injured is directed against co-accused Sk. Janu and the only allegation against the petitioner is for assaulting and remaining present at the spot. It is, however, claimed that the petitioner is not having any criminal antecedent. In the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 06.01.2026 with substantial progress in investigation and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, admits the petitioner to bail, but subject to verification of his criminal antecedent.
Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only 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, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. 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.