Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.528 of 2025
Badal Nag …. Petitioner
Mr. S. Dash, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. P. Satpathy, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 11.03.2025
01.
1. Heard learned counsel for the petitioner and State.
2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with T.R. Case No.27-A of 2019 pending in the file of learned Sessions Judge-cum-Special Judge Koraput corresponding to Boipariguda P.S. Case No.78 of 2019 on the grounds stated.
3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-3.
4. In course of hearing, Mr. Dash, learned counsel for the petitioner submits that the final chargesheet is filed in the meantime. The further submission is that the trial is in progress with some of the witnesses examined from the side of the prosecution in the meantime. Referring to Annexure-1, it is claimed that the recovery and seizure has been made from two of the accused persons, namely, Santosh Yadab and Satish Singh, who are outsiders, whereas, the petitioner is from Odisha. Mr. Satpathy, learned ASC for the State objects to the release of the petitioner on the ground
that he is involved in illicit transportation of contraband Ganja of commercial quantity, hence, should not be granted bail.
5. A copy of the order dated 20th December, 2024 in BLAPL No.11014 of 2024 is produced with the submission of Mr. Dash,
learned counsel that the accused, namely, Suresh Harijan has been granted bail by the learned Sessions court recently. Considering such submission and since, the petitioner was not nabbed at the spot and alleged to have fled seeing the police party, whereas, the recovery is from the other two accused persons, who are outsiders, the Court, in view of the custody of the petitioner, since 6th January, 2023, is inclined to allow him to go on bail with following conditions.
6. Accordingly, it is ordered.
7. 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.27-A of 2019 arising out of Boipariguda P.S. Case No.78 of 2019 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge- cum-Special Judge Koraput, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.
8. The BLAPL is disposed of.
9. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik) Judge TUDU