Orissa High Court
Santosh Benia @ Sanjaya vs State Of Odisha ….. Opposite Parties on 24 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.327 of 2025
Santosh Benia @ Sanjaya ..... Petitioner
Represented By Adv. -
Dipti Ranjan Bhokta
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
P.K. Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
ORDER
24.01.2025
Order No.
01. 1. This matter is taken up through hybrid mode.
2. This bail application under Section 439 of
Cr.P.C., 1973 of the petitioner has arisen out of G.R.
Case No.98/2024 in connection with Semiliguda
P.S.Case. No. 90/2024 pending in the Court of the
learned Nyayadhikari Gram Nyayalaya, Semiliguda,
Dist- Koraput.
3. I have already heard from the learned counsel for
the petitioner and the learned Addl. Standing Counsel
for the State.
4. The petitioner is in jail custody since 17.07.2024
having been implicated under Sections
109(l)/126(l)/132/296/351(2)/3(5) of BNS, 2023 on the
allegations alleged against him that, on dated
Page 1 of 3.
16/17.07.2024 night, when, the police team of
Borigumma P.S. being assisted by the staffs of
Semiliguda P.S. had moved to the house of one Sanjay
Khara for his apprehension, at that time, the petitioner
along with his two co-accuseds i.e Firoj Nag and others
abused the Police party members in obscene languages
and when, the Police party members tried to apprehend
them, then, the petitioner along with his co-accuseds
pushed the police team members and threatened to kill
them by means of sword, but, the Police team members
had managed to escape from the assault of the petitioner
and his co-accuseds, then, the police team members
apprehended two persons i.e. the petitioner and his one
co-accused i.e. Firoj Nag and arrested them and also
forwarded them to the Court after booking them with
the aforesaid offences and accordingly, since then, he
(petitioner) is in jail custody.
5. The co-accused of the petitioner i.e. Firoj Nag,
who was arrested from the spot with the petitioner, has
already been allowed to go on bail vide order dated
06.12.2024 in BLAPL No.12041 of 2024, for which, I
find no justification to disallow the prayer for bail of the
petitioner because he (petitioner) deserves for bail on
the ground of parity like his co-accused Firoj Nag.
6. Therefore, the bail application filed by the
petitioner is allowed.
7. He (petitioner) is allowed to go on bail furnishing
bail bond of Rs.50,000/- (rupees fifty thousand) with
Page 2 of 3.
two solvent sureties each for the like amount to the
satisfaction of the Court in seisin over the matter with
conditions that:-
(i) he (petitioner) shall not involve with similar
nature of crime in future.
(ii) he (petitioner) shall appear before the Trial Court
personally on each date of adjournment of the case
without fail till its conclusion.
(iii) he (petitioner) shall not terrorize, influence, coerce
or threat any witnesses of the prosecution including
informant and his family members either directly or
indirectly in any manner whatsoever at any stage of the
proceeding of case, but, in case of his failure to comply
any of the aforesaid conditions, the learned trial court
is authorized to cancel his bail order outrightly without
seeking any permission for the same from this Court.
8. Accordingly, the bail application of the petitioner
is disposed of finally.
9. Grant certified copy of this order to the petitioner
on proper application.
(ANANDA CHANDRA BEHERA)
Judge
Utkalika
Signature Not
Verified Page 3 of 3.
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 24-Jan-2025 16:29:26
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