Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.542 of 2025
Manoj Nahak
…. Petitioner Mr. S.K.Mahanty, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. P.K. Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 27.01.2025
01.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Kodala P.S. Case No. 129 of 2005 corresponding to G.R. Case No. 147 of 2005 pending in the file of learned JMFC, Polasara on the grounds stated.
3. Perused the rejection order as at Annexure-1.
4. From the record, it is made to reveal that the petitioner was on bail and since, defaulted in appearance before learned court below, NBWA was issued against him on 30th April, 2024 and was arrested on 3rd December, 2024 and ever since then, he is in custody, considering which, the Court should allow him to go on bail on any terms and conditions.
5. An objection received from Mr. Ray, learned AGA for the State opposing release of the petitioner on bail on account of the alleged default. p. 2
6. From Annexure-1, a copy of the rejection order, it is made to suggest that the petitioner did not turn up on the date fixed which led to the issuance of NBWA against him. However, having regard to the fact that he was on bail and the petitioner defaulted once during trial and on account of the custody and that he must have understood the rigour of law, while under detention, the Court is inclined to direct his release subject to following conditions.
7. Accordingly, it is ordered.
8. In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Kodala P.S. Case No. 129 of 2005 corresponding to G.R. Case No. 147 of 2005 subject to him furnishing a bail bond of Rs.25,000/-(rupees twenty-five thousand) with one solvent surety for the like amount to the satisfaction of the learned JMFC, Polasara, who shall impose such other suitable conditions besides the following, such as, he shall attend the trial on each dates of posting without fail, till its closure.
9. The BLAPL is disposed of.
10. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik) Judge kabita