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2025 DAILYLAW 10941 (ORI)

ALOK PRADHAN v. STATE OF ODISHA

BLAPL/621/2025 · 2025-01-29

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.621 of 2025 Alok Pradhan …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. C.M. Singh, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 29.01.2025 01. 1. Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Singh, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with 2(b) C.C. Case No.09 of 2024 pending in the file of learned N.G.N.-cum-J.M.F.C., Tangi on the grounds stated therein. 3. Perused the rejection as at Annexure-1. 4. Mr. Sahoo, learned counsel for the petitioner submits that the petitioner was in possession of the dead migratory birds and was intercepted and seized by the Forest Guard and hence, he has been implicated but is in custody since 15th December, 2024 and therefore, should be released on bail with any conditions. 5. Mr. Singh, learned ASC for the State objects to the release of the petitioner, since, 29 dead birds were recovered from him. Mr. Sahoo, learned counsel fairly admits the petitioner is having one more criminal antecedent of similar nature. 6. With the recovery and seizure of the migrated dead birds from the petitioner and under the impression that the investigation is substantially over and that the petitioner though having one more antecedent and was claimed to be in possession of the birds after having been purchased and as he has remained in judicial custody for more than a month by now, the Court is inclined to direct him to go on bail subject to stringent conditions. 7. Accordingly, it is ordered. 8. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with 2(b) C.C. Case No.09 of 2024 subject to her furnishing a bail bond of Rs.25,000/- (rupees twenty five thousand) with one solvent surety for the like amount to the satisfaction of learned N.G.N.-cum-J.M.F.C., Tangi, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not commit any similar offence, while on bail and to submit an undertaking to the I.O. in that regard. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram