Koleka Purundra Teyan @ Purendar Kulesika & Anr. vs State Of Odisha

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 Bandhugaon PS Case No.54 of 2024 corresponding to CT Case No.138 of 2024 pending in the file of learned Additional Sessions Judge, Koraput, for commission of offences punishable U/Ss.302/201/34 of IPC, on the main allegation of committing murder of one Katu Meleka.

Heard, Mr. Sk. Zafarulla, learned counsel for the petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 6.

Admittedly, the bail application of both the petitioners was rejected by this Court in BLAPL No.9412 of 2024 taking into account the statement of witness Dumana Huika, but he having been examined as PW6 has become hostile to the prosecution allegation against the petitioners. Right now, the trial is going on, but the petitioners are in custody since 21.05.2024 and there is no immediate prospect of conclusion of trial in near future. In that view of the matter and taking into account the nature and gravity of the offences as alleged against the petitioners vis-‡-vis the accusations sought to be brought against them and regard being had to the materials placed on record and keeping in view 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, this Court without expressing any view on merits admits each of the petitioners to bail.

Hence, these two bail applications of the petitioners namely Koleka Purundra Teyan @ Purendar Kulesika (In BLAPL No.5681 of 2026) and Acha Pulaka (In BLAPL No.6068 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) 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 condition:-

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.