Petitioners Adikanda Swain and Others Released on Bail; SDJM Bhanjanagar Advised to Follow BNSS Guidelines in Future Bail Decisions
In a significant judgment, the Orissa High Court has granted bail to petitioners Adikanda Swain and another, accused of culpable homicide not amounting to murder, under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The High Court's decision comes as a notable directive emphasizing the importance of adhering to legal provisions when granting bail in non-bailable offence cases.
Presided over by Justice G. Satapathy, the bench reviewed BLAPL No. 1503 of 2026, concerning GR Case No. 1875 of 2025, related to offences under Sections 105, 296, 115(2), 126(2), 351(2), and 3(5) of the BNSS. The petitioners were alleged to have assaulted the deceased, leading to his subsequent death. The case had seen the co-accused previously granted bail by the Sub-Divisional Judicial Magistrate (SDJM), Bhanjanagar, which drew the High Court's scrutiny due to insufficient reasoning and lack of adherence to BNSS provisions.
Justice Satapathy, after hearing arguments from Mr. K.P. Dash, counsel for the petitioners, and Mr. C. Mahanty, Additional Public Prosecutor for the State, noted that the learned SDJM had granted bail to co-accused without proper reasoning or reference to relevant BNSS sections. Specifically, Section 480(1)(i) of BNSS allows bail for non-bailable offences, but Section 481(1)(i) restricts such bail if the accused is believed to have committed an offence punishable by death or life imprisonment.
The High Court highlighted that offences under Section 105 of BNSS could lead to life imprisonment, thus requiring stringent adherence to legal provisions during bail consideration. Despite the gravity of the accusations, the High Court, without delving into case merits, admitted the petitioners to bail with conditions. The petitioners were required to furnish bail bonds of Rs. 25,000 each with one solvent surety, ensuring they do not contact or influence the informant or witnesses.
Justice Satapathy underscored the importance of judicial conduct and the need for judicial officers to maintain the majesty of law by meticulously following legal provisions. The SDJM Bhanjanagar was advised to remain vigilant and thoroughly consult relevant legal guidelines before granting bail in similar future cases.
In a directive to prevent future lapses, the High Court ordered that a copy of the judgment be sent to the learned Sessions Judge, Ganjam for further communication to the SDJM Bhanjanagar. This measure aims to ensure judicial officers are well-informed and compliant with statutory mandates.
The case stands as a reminder of the judiciary's role in upholding legal standards and ensuring justice is served with due diligence and adherence to statutory frameworks.
Bottom line:-
Bail - Grant of bail in non-bailable offences under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - High Court admitted the petitioners to bail, noting that co-accused were granted bail by the SDJM without sufficient reasoning or adherence to relevant legal provisions. Court emphasized the importance of judicial officers adhering to legal provisions while granting bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 105, 480(1)(i), 481(1)(i), 35(3)
Adikanda Swain v. State of Orissa, (Orissa) : Law Finder Doc id # 2892868
