TRILOCHAN PRADHAN vs STATE OF ODISHA

Court
Odisha High Court

IN THE HIGH COURT OF ORISSA AT CUTTACK


BLAPL No.5984 of 2026
CNR No.ODHC010405192026

(In the matter of application under Section 483 of the
BNSS, 2023 ).


Trilochan Pradhan Petitioner
…
-versus-

State of Odisha … Opposite Party




For Petitioner : Mr. J.K. Panda, Advocate

For Opposite Party : Mr. C. Mohanty, Addl. PP
Mr. G.K. Parida, Advocate
(informant)



CORAM: JUSTICE G. SATAPATHY



DATE OF HEARING & DATE OF JUDGMENT: 01.09.2026 (ORAL)

G. Satapathy, J.
1. This is a bail application U/S.483 of BNSS by
the petitioner for grant of bail in connection with Talcher
P.S. Case No.506 of 2026 corresponding to G.R. Case
No.864 of 2026 pending in the file of learned SDJM,
Talcher, for commission of offences punishable U/Ss.
318(4)/319(2)/336(2)/336(3)/338/340(2)/61(2) of BNS,
on the main allegation of getting the land of the real
owner sold to his(petitioner) son and relatives by
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impersonating him as one of the co-sharers of the land
and by forging documents and signatures of the co-
sharers and in the process, trying to cheat the
informant-cum-real owner by grabbing his landed
property whose market value is Rs.9.96Lakhs as per the
Government rate.
2. Heard Mr. Jugal Kishore Panda, learned
counsel for the petitioner, Mr. C. Mohanty, learned Addl.
PP and Mr. Gyanendra Kumar Parida, learned counsel for
the informant in the matter and perused the record.
3. Mr. Gyanendra Kumar Parida, learned counsel
for the informant, however, strongly opposes the bail
application of the petitioner by contending inter alia that
the petitioner has not only tried to grab the land of the
informant, but he has manipulated and forged the
documents to get the land sold in the name of his son
and others by impersonating him and his brother as the
owners of the land, but fortunately, although the
informant has not been dispossessed of the land, the
sale deed stares at the informant for having potential to
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be sold to other persons because it is a valuable land
and coming under Rungta Mines area. Further, Mr.
Parida submits that the petitioner is having one criminal
antecedent, but he has not disclosed such antecedent in
his bail application. On the aforesaid submission, Mr.
Parida prays to reject the bail application of the
petitioner. On the other hand, Mr. Jugal Kishore Panda,
learned counsel for the petitioner volunteers to withhold
bail to the petitioner, if he is found to have any criminal
antecedent, beside this case.
4. After having considered the rival submissions
upon perusal of record, there appears allegation against
the petitioner for getting the sale deed executed in the
name of his son and others by impersonating him as the
co-sharer of the land, but the petitioner is in custody
since 01.05.2026 and in the meantime, charge sheet has
already been submitted. It appears from the submission
made for the informant that the informant has not yet
been dispossessed of the land. Besides, whatever is
alleged, it is allegation against the petitioner only, but
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the same is subject to proof in the trial. It is also not in
dispute that the petitioner is aged about 63 years and he
is in custody, but after submission of charge sheet, there
is no requirement of any custodial interrogation of the
petitioner. Grant of bail should not be confused with the
acquittal of an accused, but it is a guarantee given by
the accused to appear before the Court at the trial by
binding himself for the bail amount with guarantee of
surety. Law is also equally well settled that presumption
of innocence is an inbuilt right associated with the
accused and that is the precise reason for which bail is
the rule, but jail is the exception.
5. In the aforesaid facts and circumstances and
on consideration of materials placed on record together
with the pre-trial detention of the petitioner in custody
and keeping in view the other circumstances on record
in entirety including the inherent right of the accused-
petitioner to be presumed innocent until proven guilty at
the trial and there being no criminal antecedent reported
against the petitioner and lastly, no material being
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collected to suggest that the petitioner would abscond or
pose threat to the witnesses, if released on bail and all
the offences being triable by Magistrate and taking into
account the law laid down by the Apex Court in Satender
Kumar Antil Vrs. Central Bureau of Investigation;
(2022) 10 SCC 51 , this Court without expressing any
view on merits, admits the petitioner to bail, but subject
to verification of his criminal antecedent.
6. Hence, the bail application of the Petitioner
stands allowed and the Petitioner is allowed to go on bail
on furnishing bail bonds of Rs.50,000/- (Rupees Fifty
Thousand) only with two solvent sureties each 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 conditions:-

( i) the petitioner shall cooperate with the
further investigation, if any &

(ii) the petitioner shall not threaten, induce,
influence or coerce any of the witnesses
including the family members of the
informant acquainted with the facts of the
case so as to dissuade them from disclosing
such facts before the Court.

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In view of the specific submission as advanced
for the petitioner, the benefit of this order shall not be
extended to him, if he is found to have any criminal
antecedent or has been implicated in any other criminal
case.
7. Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules. A
soft copy of this judgment be immediately
communicated to the concerned Court, who shall
afterwards communicate the same to the concerned Jail
through e-mail for reference.

(G. Satapathy)
Judge










Orissa High Court, Cuttack,
st
Dated the 1 day of September, 2026/S.Sasmal
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA SASMAL
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Sep-2026 18:59:49
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