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Orissa High Court
Bikram Mallik @ Mallick vs State Of Odisha … Opposite Party on 12 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10047 of 2024
Bikram Mallik @ Mallick ... Petitioner
Mr. P.K. Jena, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
12.05.2025
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application U/S.439 of CrPC by the
petitioner for grant of bail in connection with
Badagada P.S. Case No.04 of 2011 corresponding to
S.T. Case No.177 of 2024 (G.R. Case No. 06 of 2011)
pending in the file of learned Addl. Sessions
Judge, Bhanjanagar, Ganjam, for commission of
offences punishable U/Ss.120-B/121/121-A/124-
A/435/379/143 of IPC r/w. Sections 10/13/16/18-
A/20/39/40 of UAP Act and Section 17 of Crl.L.A. Act,
on the main allegation of committing rioting being
armed with deadly weapons along with co-accused
persons and in the process setting fire to the truck of
the informant and taking away his Honda motorcycle
along with five numbers of mobile handsets and
indulging in unlawful activities.
Page 1 of 4
3. Heard, Mr. Prasanta Kumar Jena, learned
counsel for the petitioner and Mr. M.K. Mohanty,
learned Addl. Public Prosecutor in the matter and
perused the record.
4. It is not in dispute that the FIR has been
lodged against unknown persons, but it is, however,
stated by the learned State Counsel that the
petitioner is having a number of criminal antecedents
and he belongs to maoist organization, but the
learned Addl. PP could not dispute about grant of bail
to co-accused person in this case. Law is fairly well
settled that, merely because an accused person is
having some criminal antecedents, he cannot be
detained in custody for an indefinite period, unless
there is prima facie case made out against him and in
case there is no prima facie case for any offence, the
petitioner still can be directed to be released on bail
even he is having some criminal antecedents.
5. In view of the above facts and after having
considered the rival submissions and on going
through the materials placed on record and regard
being had to the mode, manner and circumstance of
implication of the present petitioner in this case and
taking into account the other circumstances on record
in entirety including the pre-trial detention of the
petitioner in custody since 09.07.2024 and his
conduct in surrendering to the Court and keeping in
view grant of bail to co-accused persons Siladatya
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Singh in BLAPL No. 1956 of 2021 & Abello Gamango
in BLAPL No.1455 of 2021, this Court without
expressing any view on merits, admits the petitioner
to bail.
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 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 and
(iii) 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 six (06) months from
the actual date of release from the
custody.
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The IIC 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 any grave/similar offence on
prima facie accusations may be treated as a ground
for cancellation of bail in this case.
7. Accordingly, the BLAPL stands 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: 13-May-2025 15:09:43
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