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Orissa High Court
Jacob Dalabehera vs State Of Odisha … Opposite Party on 17 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12807 of 2024
Jacob Dalabehera ... Petitioner
Mr. S.K. Dash, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
17.04.2025
Order No.
05. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS by
the petitioner for grant of bail in connection with R.
Udayagiri PS Case No.18 of 2006 arising out of ST Case
No. 111 of 2024 pending in the Court of learned
Additional Sessions Judge, Parlakhemundi, Gajapati for
commission of offences punishable U/Ss. 147/ 148/
283/307/302/120(B)/149 of the IPC r/w Sections 3 and 4
of the Explosive Substance Act, on the main allegation of
rioting and committing murder as well as attempting to
the life of others pursuant to a conspiracy along with
other co-accused persons in prosecution of their common
object.
3. Heard, Mr. Soubhagya Kumar Dash, learned
counsel for the petitioner and Mr. A. Pradhan, learned
Additional Public Prosecutor in the matter and perused
the record. The bail application of the Petitioner is
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pressed on the ground that most of the co-accused
persons have been granted bail, to which Mr. Pradhan
does not dispute.
4. After having considered the rival submissions
and taking into consideration the nature and gravity of
the offence as alleged against the petitioner vis-a-vis the
accusations sought to be brought against him and regard
being had to the pre-trial detention of the petitioner in
custody since 11.11.2024 and taking into account the
other circumstances on record in entirety including
release of co-accused persons on bail, this Court without
expressing any view on merits admits the petitioner to
bail.
5. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on bail
on furnishing bail bonds of Rs.25,000/- (Rupees Twenty
Five 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 not commit any
offence while on bail,
(ii) the petitioner in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordance
with the terms of the bail, the learned
trial Court may proceed against the
Petitioner for offence U/S.269 of
BNS,2023 in accordance with law,
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(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating his present address of
stay to the concerned Court and
(iv) the petitioner shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for three (03) months from the
actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not
detain the petitioner unnecessarily after recording his
attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioner
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation of
bail is otherwise made out. In the wake of aforesaid, the
subsequent involvement of the petitioner in future for
similar/grave offences on prima facie accusations may be
treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Signature Not Verified
Priyajit
Judge
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 21-Apr-2025 10:30:14
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