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Orissa High Court
Unknown vs State Of Orissa … Opposite Party on 23 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Biswajit @ Ganesh Giri
(In BLAPL No.8199 of 2024)
Tarini Gope @ Golu
(In BLAPL No.13063 of 2024)
... Petitioners
Mr. D. Nayak, Sr. Advocate
along with Mr. A. Mohanty, Advocate
(In BLAPL No. 8199 of 2024)
Mr. S.P. Dash, Advocate
(In BLAPL No. 13063 of 2024)
-versus-
State of Orissa ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 23.04.2025 03. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one
and same case record, the same are heard together and
disposed of by this common order with the consent of
the learned counsel for the parties.
3. These are the bail applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Turumunga PS Case No.139 of 2022 corresponding to ST
Case No. 14 of 2023 (GR Case No.1775 of 2022)
pending in the file of learned JMFC(City), Keonjhar for
commission of offences punishable Under Sections
364/302/506/120-B/34 of IPC r/w Sections 25/27 of the
Page 1 of 4
Arms Act, on the main allegation of committing murder
of the deceased Mrutyunjay Behera by abducting him
from a hotel.
4. Heard, Mr. Dharanidhar Nayak, learned Senior
Counsel who is being assisted by Mr. Adhiraj Mohanty,
learned counsel for the Petitioner in BLAPL No.8199 of
2024; Mr. Sarada Prasad Dash, learned counsel for the
Petitioner in BLAPL No.13063 of 2024; and Mr. M.K.
Mohanty, learned Additional Public Prosecutor in the
matter and perused the record including the copy of
depositions of PW1 to PW3 as produced, so also the copy
of the order dated 16.01.2025 passed by a Coordinate
Bench of this Court in BLAPL No. 9998 of 2024 granting
bail to co accused-Bikash Mahakud @ Pintu.
5. After having considered the rival submissions and
taking into consideration the nature and gravity of the
offence as alleged against the petitioners vis-a-vis the
accusations sought to be brought against them and regard
being had to the pre-trial detention of the petitioners in
custody since 27.04.2023 (Biswajit @ Ganesh Giri) &
30.12.2022 (Tarini Gope @ Golu) and taking into account
the other circumstances on record in entirety including the
evidence of eye witnesses who have turned hostile and
release of co-accused Bikash Mahakud & Madhabananda
Naik @ Tulu Singh on bail in BLAPL Nos. 9998 of 2024 &
2086 of 2023, this Court without expressing any view on
merits admits the Petitioners to bail.
Page 2 of 4
6. Hence, these two bail applications of the
petitioners namely Biswajit @ Ganesh Giri & Tarini Gope
@ Golu in BLAPL Nos.8199 & 13063 of 2024 stand
allowed and each of the petitioners is allowed to go on
bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) 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 petitioners shall not commit any
offence while on bail,
(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless their
attendance are dispensed with. In case
the Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS,2023 in accordance
with law,
(iii) the petitioners shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating their present address
of stay to the concerned Court and
(iv) the petitioners 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.
Page 3 of 4
The I.I.C. of Jurisdictional Police Station shall
not detain the petitioners unnecessarily after recording
their 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 petitioners
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 petitioners in future
for similar/grave offences on prima facie accusations
may be treated as a ground for cancellation of bail in
this case.
7. Accordingly, these BLAPL Nos. 8199 & 13063 of
2024 stand disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Priyajit
Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 24-Apr-2025 11:15:31
Page 4 of 4
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