Orissa High Court
Bijaya Sahoo vs State Of Odisha .......... Opposite ... on 30 May, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5365 of 2025
Bijaya Sahoo ........ Petitioner
Mr. Sarada Prasad Dash, Adv.
-Versus-
State of Odisha .......... Opposite Party
Mr. Tapan Kumar Dash, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
30.05.2025 Order No.
01.
FIR Dated Police Station Case No. and Sections
Courts' Name
No.
412 13.08.2024 Kamakhyanagar G.R. Case Sections
No.784 of 2024 331(4)/305(a)/
pending in the 114(4)/3(5) of
court of learned BNS
S.D.J.M.,
Kamakhyanagar
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner being in custody in Kamakhyanagar P.S. Case Signature Not Verified Digitally Signed No. 412 of 2024 corresponding to Signed by: LITARAM MURMU G.R. Case No.784 of 2024 Reason: Authentication Location: OHC pending in the court of learned Date: 31-May-2025 12:26:44 S.D.J.M., Kamakhyanagar, 2 registered for the alleged commission of offences under Sections 331(4)/305(a)/114(4)/3(5) of BNS, has filed this petition for his release on bail.
4. The brief facts of the case are that the informant, Nrusingha Charan Lenka, lodged an FIR at Kamakhyanagar Police Station alleging that during the night of 13.08.2024, unknown miscreants unlawfully entered his house by breaking the window grill. It is further alleged that they broke open a steel almirah inside the house and stole various gold ornaments, including two gold chains, two mangalsutras, one necklace, one pair of earrings, and a total of seven finger rings. The culprits could not be apprehended immediately after the incident. Accordingly, the present case was registered.
5. Learned counsel for the petitioner submits that the petitioner has no connection whatsoever with the offences alleged by the prosecution. It is further submitted that the petitioner has been in custody since 28.01.2025. In view of the above, it is prayed that the petitioner may be released on bail.
6. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.
7. Without going into the merit of the case and based on the Signature Not Verified Digitally Signed facts Signed by: LITARAM MURMU and circumstances of the case, it is directed that the Reason: Authentication Location: OHC Date: 31-May-2025 12:26:44 Page 2 of 4 3 Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-
i. the petitioner shall appear before the learned trial court on each date of posting of the case; ii. the petitioner shall not indulge himself in any criminal offence while on bail; and iii. the petitioner shall not tamper the evidence of the prosecution evidence in any manner.
iv. The Petitioner, after the onset of monsoon (between the months of July and August, 2025), shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation.
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 as required.
9. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 31-May-2025 12:26:44 Page 3 of 4 4 been planted and that the petitioner will maintain those plants for a period of two years.
10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.
11. The BLAPL is, accordingly, disposed of.
( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 31-May-2025 12:26:44 Page 4 of 4