G. Chiranjibi Reddy vs State Of Odisha

Sibo Sankar Mishra, J

The petitioner is an accused in connection with Dharakote P.S. Case No. 383 of 2025 corresponding to G.R. Case No. 1779 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 115(2)/103(1)/3(5)/118(2) of BNS, pending in the court of the learned JMF (Cog), Aska, Ganjam.

The petitioner had approached the learned Addl. Sessions Judge, Aska in Bail Application No.54 of 2026 praying for grant of bail. The learned Court below vide its order dated 23.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

The prosecution case as per the F.I.R. is that on 06.10.2025 at 11 AM the informant D. Sanjib Reddy lodged a written report before the police station alleging therein that on 05.10.2025 at about 11.30 PM, D. Sikan Reddy had called N. Dhanjay Reddy @ Dhanu over phone, demanding repayment of a debt amount which Dhanajay had taken from him about four years ago. Subsequently, both of them at Paschim Sahi, Raj Danda of Village-R.D. Palli, where Dhanjay Reddy denied having taken away money and abused D. Sikan Reddy in obscene language. A heated argument ensued between them and during the scuffle, the younger brother of the complainant, D. Sankar Reddy, arrived at the spot to pacify the situation. At this point, N. Dhanjay Reddy called upon his associates namely N. Ramesh Reddy, G. Surendra Reddy, G. Chiranjib Reddy, G. Ashok Reddy, G. Santosh Reddy and others, who arrived at the scene armed with deadly weapons. They collectively attacked and assaulted the younger brother of the informant. D. Sankar Reddy was attacked with a sharp knife, resulting in severe bleeding injuries. Seeing this when the informant attempted to rescue his brother, the accused persons including N. Dhanjay Reddy and N. Ramesh Reddy, also assaulted him, causing serious injuries to his left shoulder. On hearing their cries, villagers rushed to the spot upon which all the accused persons fled away. Hence the case.

Mr. L. Samantray, learned Senior Counsel for the petitioner by reading the statement of one D. Sikan Reddy has pointed out that the only overt act attributed to the present petitioner is that at his asking his elder brother has taken away the principal accused and the statement of other witnesses also stands corroborated with the statement of the said eye witness. He has also pointed out that one of the co-accused, namely, G. Surendra Kumar Reddy applied for grant of regular bail by filing BLAPL No. 1332 of 2026 and the Coordinate Bench of this court vide order dated 22.04.2026 has already admitted him to bail. The petitioner is in custody since 07.03.2026.

Mr. Nayak, learned counsel for the State opposed the prayer for bail stating that the present petitioner has five criminal antecedents. He submits that in the event this Court is inclined to grant the petitioner regular bail, stringent conditions should be imposed against him so that he could be prevented from committing further crime.

Regard being had to the nature of allegation and the fact that the petitioner is in judicial custody since 07.03.2026, I am inclined to enlarge the accused-Petitioner on bail.

Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

(i) The petitioner shall report to the I.I.C., Dharakote Police Station on every second Sunday of the month between 10.00 A.M. and 12.00 Noon for at least six months;

(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

(iii) He shall appear before the trial Court on each date on which the case is posted for trial;

(iv) He shall not tamper with the evidence in any manner whatsoever;

(v) He shall not commit any offence while on bail, and

(vi) He shall be released on bail subject to verification of any other similar type of antecedents, which are not disclosed.

In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. It is open for the trial court to cancel the bail and issue appropriate process against the petitioner in the absence of his failure to appear before the trial court.

The BLAPL is accordingly disposed of.