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2025 DAILYLAW 10105 (ORI)

PRADEEP KUMAR NAYAK v. STATE OF ODISHA

BLAPL/456/2025 · 2025-01-21

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.456 of 2025 Pradeep Kumar Nayak & others …. Petitioners Mr. A.R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.01.2025 01. 1. Heard Mr. Panda, learned counsel for the petitioners and Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with Chandipur Wild Life Range O.R. Case No.46 of 2024-25 pending in the file of learned C.J.M., Balasore corresponding to 2(b)CC Case No.1 of 2024 on the grounds stated therein. 3. Perused the Offence Report as at Annexure-1 and the rejection order i.e. Annexure-2. 4. Mr. Panda, learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents and for having been caught with the possession of skin of a Tiger, whereas, they are not responsible for hunting nor transportation of the same, all should be allowed to go on bail subject to conditions. 5. Mr. Mohanty, learned ASC for the State objects to the release of the petitioners on bail since investigation is still on. 6. Gone through the Offence Report at Annexure-1. The names of the petitioners find mention therein with other accused persons, who are responsible for trading and hunting of the Tiger. It appears that the petitioners are alleged to have collected the skin of the wild animal. It is made to understand that during and in course of investigation, involvement of other accused persons was revealed, who are responsible for the incident and transportation of the skin. Considering the above facts and the petitioners, who are alleged of having been in possession of skin of the Tiger only and not involved in its hunting and also transportation of the same, recording the submission that the petitioners have no other antecedents, this Court is inclined to release them on bail subject to following conditions. 7. Hence, it is ordered. 8. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to be released on bail in connection with Chandipur Wild Life Range O.R. Case No.46 of 2024-25 corresponding to 2(b)CC Case No.1 of 2024 subject to them furnishing bail bonds of Rs.30,000/-(Rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of learned C.J.M., Balasore, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The Court further directs that such release of the petitioners shall be only upon verification and absence of criminal antecedents of similar nature. 9. BLAPL stands disposed of. 10. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok Designation: Asst. Registrar-Cum-Senior Secretary