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Orissa High Court
Anish Khan & Others vs State Of Odisha … Opposite Party on 26 June, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12731 of 2024
Anish Khan & Others ... Petitioners
Mr. T.K. Sahu, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
26.06.2025
Order No.
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS by the
petitioners for grant of bail in connection with Khaira
P.S. Case No.8 of 2024 corresponding to S.T. Case
No.457 of 2024 (C.T. Case No.51 of 2024) pending in
the file of learned 3rd Addl. Sessions Judge, Balasore
(J.M.F.C., Soro), for commission of offences
punishable U/S.395/120-B/465/468/471 of IPC r/w.
Section 25/27 of the Arms Act, on the allegation of
committing theft of Rs.4,76,700/- by cutting the ATM
machine using gas cutter.
3. Heard, Mr. Tirth Kumar Sahu, learned
counsel for the petitioners and Mr. P. Satpathy,
learned Addl. Public Prosecutor in the matter and
perused the record.
Page 1 of 4
4. After having considered the rival submissions
upon perusal of record, there appears some
allegation against unknown persons to have robbed
money from the ATM, but neither any CCTV footage
of the ATM was seized nor was there any prima facie
material showing identification of the petitioners in
commission of crime, however, the petitioners are in
custody since 15.01.2024 with submission of charge
sheet in the meantime. Besides, the trial is yet to
commence despite near about one and half years of
the custody of the petitioners.
5. In view of the aforesaid facts and after
having considered the rival submissions and taking
into account the other circumstance on record in
entirety including the principle, “bail is the rule, but
jail is the exception”, this Court without expressing
any view on merits admits each of the petitioners to
bail.
6. Hence, the bail application of the petitioners
stands allowed and each of the petitioners is allowed
to go on bail on furnishing bail bonds of Rs.50,000/-
(Rupees Fifty Thousand) each with two solvent
sureties 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,Page 2 of 4
ii) the petitioner in the course of trial
shall attend the trial Court on each date
of posting without fail unless their
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 Petitioners for
offence U/S.269 of BNS,2023 in
accordance with law and,
(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 six (06)
months from the actual date of release
from the custody.
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 any grave/similar offence on
Page 3 of 4
prima facie accusations may be treated as a ground
for cancellation of bail in this case.
7. Accordingly, these BLAPLs stand disposed of.
8. Issue urgent certified copy of the order as
per Rules.
(G. Satapathy)
Judge
S.Sasmal
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA SASMAL Page 4 of 4
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 30-Jun-2025 10:34:59
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