Prasanjit Sahu @ Radhamadhab Das vs State Of Odisha

Sibo Sankar Mishra, J

The petitioner is an accused in connection with Simulia P.S. Case No. 621 of 2025 corresponding to C.T. Case No. 2 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 126(2)/115(2)/296/326(g)/303(2)/3(5) of BNS, pending in the court of the learned JMFC, Soro.

The petitioner had approached the learned Addl. District and Sessions Judge, Soro in B.A. No.109 of 2026 praying for grant of bail. The learned Court below vide its order dated 09.04.2026 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 31.12.2025 at about 09.00 A.M, while the Informant namely Sk. Munir was in his Mutton shop, situated at Jamujhadi square, it is alleged that the Petitioner along with 10 to 15 persons arrived at his shop and alleged that the Informant is selling beef instead of mutton in his shop. It is alleged that while argument was going on, the Petitioner and others dragged the Informant and abused him in filthy language, so also assaulted him with fist blows. It is further alleged that during the assault some persons took away cash of Rs. 7,000/- from the cash counter and also took other articles from his shop and set the shop on fire. On hearing the shout of the Informant, there was a large public gathering in the area and the PCR van arrived at the spot and rescued the Informant.

Learned counsel for the petitioner submits that petitioner is in custody since 04.03.2026.

Learned counsel for the State opposed the prayer for bail.

Regard being had to the nature of allegation and the period of judicial custody of the petitioner since 04.03.2026, 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) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

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

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

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

(v) He shall be released on bail subject to verification of similar type of antecedents.

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.

The BLAPL is accordingly disposed of.