Orissa High Court
Sahazad @ Sahajad @ vs State Of Odisha .... Opposite Party on 23 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4066 of 2025
Sahazad @ Sahajad @ .... Petitioner
Amzad Khan @ Amjad
Khan
Mr. A. Pattanaik, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. U.R. Jena, AGA
BLAPL No. 4067 of 2025
Manoj Bharimal @ Bida .... Petitioner
@ Manoj Bharimall
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. U.R. Jena, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
23.05.2025 Order No.
03. 1. Since both the BLAPLs relate to the same P.S. they are heard together on the consent of the parties and are being disposed of by this common order.
2. It is apt to note here that these two matters were listed before this Court on 16.05.2025 and were directed to be listed on 20.06.2025. In paragraph-3 of the order dated 16.05.2025, liberty was granted to Page 1 of 4 the Petitioners to move the vacation Bench during the ensuing summer vacation.
3. Referring to the same, it is submitted by the learned counsel for the Petitioners that inadvertently, the date has been stated as 20.06.2025 since read contextually the same has to be 20.05.2025 since the regular Courts will start functioning from 17.06.2025.
4. Heard learned counsel for the Petitioners and learned counsel for the State.
5. Learned counsel for the Petitioners, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners are pending in any other Court, relating to the aforesaid P.S. Case.
6. The Petitioners are accused in connection with G.R. Case No.182 of 2025 pending on the file of the learned N.G.N.-cum-JMFC, Tangi, arising out of Tangi P.S. Case No.202 of 2025, for the alleged commission of offence under Sections 61(2)/ 111(3)/ 223/ 293/ 303(2)/317(2)/ 329(3)/ 296/ 335/ 270/ 280/ 109(1)/ 3(5) of BNS read with Section 21(1) of MMDR Act read with Section 51 of OMMC Rules, 2016, Section 15 of Environment Protection Act and Section 39 of Air Pollution Act.
Page 2 of 47. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Khordha, by order dated 10.04.2025 in the aforementioned cases, the present BLAPLs have been filed.
8. It is submitted by the learned counsel that the Petitioners are in custody since 26.03.2025 and charge sheet has been filed in the case at hand on 23.05.2025. Hence, the Petitioners may be released on bail.
9. Learned counsel for the State opposes the prayer for bail in view of the complicity of the Petitioners and also referring to the criminal antecedent of the Petitioners.
10. Taking into account the nature of allegation, period in custody and filing of the charge sheet as noted above, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Before releasing, learned Court in seisin is requested to verify as to whether the charge sheet in the case at hand has been submitted on this day i.e. 23.05.2025.
12. If it comes to the fore that such submission regarding charge sheet is found to be incorrect, this order shall not be given effect to.
Page 3 of 413. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every three months on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
14. Accordingly, the BLAPLs stand disposed of.
15. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Vacation Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-May-2025 15:01:04 Page 4 of 4