Orissa High Court
Bilao @ Akash Das vs State Of Odisha …. Opposite Party on 24 April, 2025
Author: S.K.Panigrahi
Bench: S.K.Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2431 of 2025
Bilao @ Akash Das .... Petitioner
Ms.S.Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Ms.Gayatri Patra, ASC
CORAM:
DR. JUSTICE S.K.PANIGRAHI
ORDER
Order No. 24.04.2025
01.
F.I.R. Dated Police Case No. and Sections
No. Station Courts'
Name
177 11.09.2023 Malgodown G.R. Case Sections 395,
No.665 of 412, 413 of
2023 pending IPC read with
in the court Section 25/27
of learned of Arms Act.
Addl.
Sessions
Judge,
Cuttack
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 Special G.R.
Case No.02 of 2025 arising out of Titilagarh P.S. Case No.15 of 2025,
pending in the court of the learned Addl. Sessions Judge-cum-Special
Judge, Kantabhanji for the alleged commission of offence under
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Section 20 (b) (ii) B of NDPS Act, has filed this petition for his release
on bail.
4. The prosecution case in short is as follows:
On 11.09.2023 at about 1 A.M, the complainant/informant
appeared before the IIC Malgodown P.S alleging that on 10.09.2023 at
about 10.35 P.M while he returned towards home after closing his
Jewellery shop at Bania Sahi, Buxi Bazar, on the way at Malgodown
over bridge, 7 to 8 unknown persons obstructed him by keeping their
bike on the road and assaulted him and snatched away his Laptop
Bag, one Pen Drive and cash of Rs. 7,50,000/-along with 2 Nos of Gold
chain, 2 Nos of Mobile Phone and his Red Colour Electric scooty.
Hence, this Case.
5. Learned counsel for the petitioner submits that the petitioner
has no criminal antecedent and has been falsely entangled in this case
and investigation of the case has been completed and charge sheet has
been filed on 15.12.2023. Further, the petitioner is languishing in jail
since 22.09.2023. 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 stating that there is strong prima facie material against the
petitioner for his involvement in the crime in question. There is every
possible chance of his absconding if he is released on bail, for which,
his bail application may be dismissed.
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7. Considering the facts and keeping in view the submission of
learned counsel for the petitioner and the period of custody spent by
the petitioner, 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 in the aforesaid case 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;
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 in the ensuing monsoon, 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 he shall maintain those plants for two years.
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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: 26-Apr-2025 10:42:39
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