ADIKANDA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application U/S.483 of BNSS by the petitioners for grant of bail in connection with GR Case No. 1875 of 2025 arising out of Bhanjanagar PS Case No. 1130 of 2025 pending in the file of learned SDJM, Bhanjanagar, Dist-Ganjam for commission of offences punishable U/Ss.105/ 296/ 115(2)/ 126(2)/ 351(2)/3(5) of BNS, on the main allegation of committing culpable homicide not amounting to murder.

(2.) Heard, Mr. Kuresh Prasad Dash, learned counsel for the Petitioners and Mr. C. Mahanty, learned Addl. Public Prosecutor in the matter and perused the record.

(3.) After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for assaulting the deceased by giving fist and kick blows as well as trying to assault with a rod, but the deceased subsequently succumbed to the injuries, however, the IO on completion of investigation submitted charge sheet U/Ss. 105/ 296/ 115(2)/ 126(2)/ 351(2)/ 3(5) of BNS, cognizance of which has been already taken. It is not in dispute that Sec. 105 of BNS prescribes punishment of imprisonment for life or imprisonment for not less than five years, but which may extend to 10 years and such offence is triable by Court of Sessions. It is not dispute that the learned SDJM, Bhanjanagar has granted bail to co-accused Radhamohan Swain, Madan Swain and Sujata Bisoyi for the selfsame accusations, but Sec. 480(1)(i) of the BNSS provides that when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, however, Sec. 481(1)(i) of BNSS provides that such person shall not be so released, if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. However, in the present case, one of the offences alleged against the Petitioners is U/S. 105 of BNS which prescribes one of the punishments as imprisonment for life, but the learned SDJM, Bhanjanagar has granted bail without recording any reason on the ground as stated in Sec.481(1)(i) of BNSS or on the ground as provided in proviso appended to the aforesaid Sec. which reads as under:-