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Orissa High Court

Ula @ Jaga Behera vs State Of Odisha .... Opp. Party on 9 May, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No.3984 of 2025

          Ula @ Jaga Behera                 ....    Petitioner
                                                 Mr. Suryakanta
                                                 Dwibedi,
                                                 Advocate



                                 -versus-
          State of Odisha                   .... Opp. Party
                                               Mr.S.J.Mohanty,
                                               ASC


        CORAM:
             JUSTICE SIBO SANKAR MISHRA

Order                           ORDER
 No.                          09.05.2025
 01.
        1.

The petitioner is an accused in connection with Thakurgarh P.S. Case No.218 of 2024 corresponding to G.R. Case No.1074 of 2024 registered for the alleged commission of the offences punishable under Sections 331(4)/305(a) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Athmallik. The petitioner had approached the learned Additional Sessions Judge, Athmallik in Bail Application No.40 of 2025 arising out of G.R. Case No.1074 of 2024 praying for grant of bail. The learned Court below vide its order dated 05.04.2025 rejected the bail application of the petitioner. Being aggrieved, the Page 1 of 4 petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

3. The prosecution case is that on 05.10.2024, the complainant reported at the P.S. that in the night hours, some unknown culprits committed theft of one golden Mangalsutra, one silver gina, one silver ring, one silver chamach, one pair gold flower, 2 nos. of silver pati, one mobile phone and cash of Rs.5,000/- from his house by breaking the window grill. Hence, the F.I.R.

4. The petitioner has been in custody since 16.12.2024. The charge sheet has already been filed in this case. The co-accused Dillip Naik had also approached the learned trial Court for grant of bail in Bail Application No.08 of 2025 arising out of G.R. Case No.1074 of 2024, which was rejected by the learned Additional Sessions Judge, Athmallik vide order dated 28.01.2025. The said co-accused approached this Court by filing BLAPL No.1785 of 2025. The Coordinate Bench of this Court vide order dated 17.03.2025 has granted bail to the said co-

accused. The co-accused Dillip Nayak @ Dillip Naik was having as many as 28 nos. of cases against him, but despite the said fact being recorded by the learned Sessions Court while rejecting the bail application, the Coordinate Bench of this Court has already enlarged him on bail. The petitioner is seeking parity with the co-accused Dillip Nayak @ Dillip Naik. Learned counsel for the petitioner submits that the fact of the present petitioner is similar to that of the co-accused Dillip Nayak @ Dillip Naik. The petitioner has been in custody since 16.12.2024.

5. Regard being had to the nature of allegation against the petitioner and the fact that the co- accused Dillip Nayak @ Dillip Naik has been enlarged on bail by the Coordinate Bench of this Court vide order dated 17.03.2025 and the petitioner has been in custody since 16.12.2024, I am inclined to enlarge accused-Petitioner on bail.

6. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

(1) The petitioner shall appear before the Court diligently without fail, on every date of hearing;

(2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and (3) He shall not commit any offence while on bail.

In the event, the petitioner is found to be wanted for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

7. The BLAPL is accordingly disposed of.

(S.S. Mishra) Judge Subhasis Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-May-2025 15:19:27 Page 4 of 4