Orissa High Court
Muna @ Ashis @ Ashish Moarana vs State Of Odisha .......... Opposite ... on 9 May, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2067 of 2025
Muna @ Ashis @ Ashish Moarana ........ Petitioner
Mr. Debashis Panda, Adv.
-Versus-
State of Odisha .......... Opposite Party
Ms. Siva Mohanty, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
09.05.2025 Order No.
01. FIR Dated Police Station Case No. and Sections Courts' Name No. 514 27.08.2024 Kamakhyanagar G.R. Case Section No.967 of 2024 305(a)/111(6)/317(4) pending in the of BNS court of learned 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 No.514 of 2024 corresponding to G.R. Case No.967 of 2024 pending in the court of pending in the court of learned S.D.J.M., Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 12:31:29 2 Kamakhyanagar, registered for the alleged commission of offences under Sections 305(a)/111(6)/317(4) of BNS, has filed this petition for his release on bail.
4. The brief fact of the case is that one Chhabila Sahoo lodged an FIR before the Kamakhyanagar P.S. alleging that in the night of 03.10.2024 some culprits broken the grill gate of his house, thereafter entered inside, scattered the things and broken the steel Almirah, stolen two pairs of gold ear rings, one gold pendent, two numbers of gold bangles, Mangalsutra and Ginimala, cash of Rs.40,000/-. The culprits were not caught immediately after the occurrence. In the investigation of the case, it is found that, they are in jail custody at Dhenkanal for their involvement in Dhenkanal Sadar P.S. Case No.777 for commission of offence under Section 305(a)/ 331(4) of BNS. Hence, this case.
5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the offences as alleged by the prosecution in any manner. He further submits that the Petitioner is in custody since 28.01.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed. Page 2 of 4 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 12:31:29 3
6. Learned counsel for the State submits that the Petitioner is the habitual offender. Hence, he vehemently opposes the prayer for bail.
8. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the 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 (in between the month 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 Page 3 of 4 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 12:31:29 4 that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation. Any violation of the above conditions shall result in the cancellation of 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 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 Page 4 of 4 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 12:31:29