Orissa High Court
Dj @ Sunil Nayak @ Naik vs State Of Odisha …. Opposite Party on 22 April, 2025
Author: S.K.Panigrahi
Bench: S.K.Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2232 of 2025
DJ @ Sunil Nayak @ Naik .... Petitioner
Mr.Asutosh Tripathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.Pradipta Satpathy, ASC
CORAM:
DR. JUSTICE S.K.PANIGRAHI
ORDER
Order No. 22.04.2025
01.
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
99 17.07.2016 Banarpal CT Case Section 456/395
No.158 of 2017 IPC read with
pending in the Section 25/27 of
court of Arms Act.
learned
Sessions Judge,
Angul
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The petitioner being in custody in connection with C.T. Case No.158
of 2017 arising out of Banarpal P.S. Case No.99 of 2016, pending in the
court of the learned Sessions Judge, Angul, registered for the alleged
commission of offence under Sections 456/395 IPC read with Section 25/27
of Arms Act, has filed this petition for his release on bail.
4. The prosecution case in short is as follows:
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On 16.07.2016 the informant- Bapi Biswal lodged an F.I.R. at
Banarpal P.S. alleging that some unknown persons, viz., 8 to 10 persons
entered into the fish godown of one Hapid Khan of Patanasahi where the
informant was working as a Manager for the purpose of committing dacoity.
They took away cash of Rs.2,55,000/-, five nos. of mobile and one gold ring.
On the basis of the aforesaid FIR, the petitioner has been implicated for the
alleged offences, as aforesaid.
5. Learned counsel for the Petitioner submits that the petitioner has been
falsely implicated in this case and there is no material against him to
entangle with the crime in question. He further submits that the petitioner is
in custody since 03.12.2024. Hence, he submits that, the prayer of the
present petitioner may be allowed.
6. Learned counsel for the State vehemently opposes the prayer for bail
of the petitioner.
7. Considering the facts and keeping in view the submission of learned
counsel for the petitioner and considering his period of detention, this Court
is of the view that there is no requirement of keeping the Petitioner inside the
custody any further. Accordingly, this Court directs that the Petitioner be
released on bail by the Court in seisin over the matter on some stringent
terms and conditions with further conditions that:
i. the petitioner shall appear before the local Police Station
on every Monday between 10 A.M. to 1.00 P.M.;
ii. the Petitioner shall not indulge himself in any criminal
activities in future;
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iii. the Petitioner shall not tamper the evidence of the
prosecution evidence in any manner;
iv. the petitioner shall plant 100 saplings of local variety like
mango, neem, tamarind etc. around his village over the
Government land/community land/private land, if it is in
the possession of the Petitioner or his family members;Violation of any of the above conditions shall entail
cancellation of the bail.
8. The I.I.C. of the concerned Police Station in coordination with
the local Forest Officer shall monitor; whether the Petitioner has
planted the saplings or not.
9. It is further made clear that the Petitioner shall file an affidavit
after plantation of the saplings before the local Police Station assuring
that they shall maintain those saplings for two years.
10. The District Nursery/D.F.O. shall extend the helping hand by
supplying the saplings to the Petitioner.
11. The BLAPL is, accordingly, disposed of.
(Dr. S.K.Panigrahi)
Judge
Bichi
Signature Not Verified
Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 23-Apr-2025 18:41:28
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