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2025 DAILYLAW 10167 (ORI)

TILOTAMA NAIK @ KIRAN @ TILA NAIK v. STATE OF ODISHA

BLAPL/595/2025 · 2025-01-28

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.595 of 2025 Tilotama Naik @ Kiran @ Tila Naik …. Petitioner Mr. S.K. Atabudhi, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 28.01.2025 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No.652 of 2024 pending in the file of learned Sessions Judge, Khordha at Bhubaneswar corresponding to Maitri Vihar P.S. Case No.547 of 2024 on the grounds stated. 3. Perused the FIR as at annexure-1 and the rejection order i.e. Annexure-5. 4. In course of hearing, learned counsel for the petitioner submits that the petitioner though involved in other two cases but he is on bail and it was in connection with recovery of brown sugar of less than commercial quantity. It is further submitted that the co- accused, namely, Purnima Baral @ Kuni Baral is on bail by the orders of this Court in BLAPL No.313 of 2025 and since, the recovery is made from an open field and not from the conscious possession from the petitioner, he should as well be allowed to go on bail with conditions. 5. Such release of the petitioner on bail as has been pleaded for is strongly objected to by Mr. Acharya, learned ASC for the State for him having criminal antecedents. 6. The co-accused named above is on bail by the order dated 15th January, 2025 in BLAPL No.313 of 2025 as at flag-A. The contraband Ganja said to have seized is admittedly of commercial quantity. In fact, 31 kgs of Ganja is shown to have been recovered from the spot. Considering the circumstances under which the alleged recovery was made and it was in the presence of the accused persons, having regard to the fact that such seizure having made with substantial part of investigation to be over, the petitioner, having remained in judicial custody from 11th December, 2024, though credited with two other criminal cases, should be allowed to go on bail with stringent conditions as the enquiry and trial is unlikely to commence and concluded in near future. 7. Hence, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.652 of 2024 arising out of Maitri Vihar P.S. Case No.547 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned Sessions Judge, Khordha at Bhubaneswar, who shall be at liberty to impose such other suitable conditions besides the following, such as, he shall not commit similar offence, while on bail and to submit an undertaking at the local PS in that regard and at the same time to report to the IO for the purpose of investigation once in a week and to continue to do so, till the same is concluded. 9. In case, any of the conditions as above is or are violated by the petitioner, it shall forthwith entail cancellation of bail granted. 10. The BLAPL is disposed of. 11. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer