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2025 DAILYLAW 12875 (ORI)

ROCKY @ HARISH CHANDRA PRUSTY v. STATE OF ODISHA

BLAPL/1003/2025 · 2025-02-13

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1003 of 2025 Rocky @Harish Chandra Prusty …. Petitioner Mr. U.K.Lenka, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K.Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.02.2025 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 Badagada P.S. Case No.757 of 2024 corresponding to C.T. Case No. 1367 of 2024 pending in the file of learned JMFC-IV, Cog.Taking, Bhubaneswar on the grounds stated therein. 3. Perused the rejection order as at Annexure-1 and also a copy of the F.I.R. made available to the Court by Mr. Lenka, learned counsel for the petitioner. 4. It is submitted by Mr. Lenka learned counsel for the petitioner that the name of the petitioner does not find a place in the F.I.R. but has been implicated and is in custody since 15th December,2024 and in the meantime, one of the co-accused persons, namely, Badal Swain is granted bail by this Court in BLAPL p. 2 No. 803 of 2025, hence, he should also be released since similarly situated. 5. Mr. Acharya, learned ASC for the State objected to the release of the petitioner since the accused persons assaulted the victim and caused grievous injuries to him including a fracture which is revealed from the rejection order i.e. Annexure-1. 6. Gone through the contents of the F.I.R. and the allegation is against one Raghunath @ Raj, who said to have assaulted the victim along with fourteen to fifteen others. The petitioner is alleged to be one among them having accompanied the principal accused and committed the overt acts. A copy of the order in BLAPL No. 803 of 2025 is produced in Court today. As it appears, the petitioner did commit the mischief with other accused persons like the co-accused namely, Badal Swain and admittedly, not the principal accused, whose name is mentioned in the F.I.R. and under the impression that substantial part of investigation to be over by now as the occurrence had taken place in the month of December, 2024 and reported on 2nd December, 2024, the Court is inclined to allow him to go on bail with conditions. 7. Accordingly, 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 Badagada P.S. Case No.757 of 2024 corresponding to C.T. Case No. 1367 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties for the like amount each to the satisfaction of the learned JMFC-IV, Cog.Taking, Bhubaneswar, who shall impose such other suitable conditions as deemed just and proper in p. 3 the facts and circumstances of the case with further conditions that he shall not indulge in any criminal activities after being released and shall appear before the learned trial court on each date to which the case would be posted for trial and violation of any of the conditions fixed shall entail cancellation of his bail. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita