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Judgment
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 Rasol PS Case No.101 of 2026 corresponding to GR Case No.290 of 2026 pending in the file of learned SDJM, Hindol for commission of offences punishable U/Ss. 126(2)/115(2)/109(1)/61(2) of BNS, on the main allegation of assaulting the injured Susil Kumar Nayak and snatching away Rs. 20,000/- from him.
Heard, Mr. Rajkishore Swain, learned counsel for the Petitioner in BLAPL No. 6722 of 2026; Mr. Prakash Kumar Samal, learned counsel for the Petitioner in BLAPL No. 8032 of 2026 and Mr. C. Mahanty, learned Addl. PP in these matters and perused the record.
After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for assaulting the injured and taking away Rs. 20,000/- from him. It is no doubt advanced for the Petitioners that they have not been named in the FIR and charge sheet has been filed in the meantime for offences U/S. 310(2) of the BNS and other allied offences, but the copy of charge sheet has not been filed, however, the injured has named the Petitioners as the assailants. Besides, the injured has sustained two lacerations and one linear un-displaced fracture on right parietal bone, which is opined to be grievous in nature. Besides, the learned Sessions Judge, Dhenkanal has stated in the impugned order of rejection of bail to the Petitioner Sujit Behera that “he had entered into the house of the informant being armed with a knife and when he tried to outrage the modesty of the grand-daughter of the informant, the other family members woke up and, therefore, there are reasonable grounds for believing that the accused is involved in the alleged offence”, but these facts are not related to this case and thereby, there is complete non-application of mind by the learned Sessions Judge while refusing bail to the Petitioner Sujit Behera. Be that as it may, the materials on record disclose allegation against the Petitioners for severely assaulting the injured and the injured has sustained some injuries, but the Petitioners have approached the concerned Sessions Court prior to the submission of charge sheet. In the aforesaid facts and circumstances, this Court does not consider it proper to grant bail to the Petitioners, but at the same time, grants liberty to the Petitioners to approach the concerned Sessions Court afresh.
In the result, these two bail applications of the petitioners namely Sujit Behera (In BLAPL No.6722 of 2026) and Suman Naik (In BLAPL No.8032 of 2026) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned Sessions Judge to remain vigilant while passing order concerning liberty of a person as he has referred some facts not related to the case in the impugned order of rejection of bail to the petitioner Sujit Behera.