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2025 DAILYLAW 13666 (ORI)

TOSHARANJAN BARIK @ TASA v. STATE OF ODISHA

BLAPL/1150/2025 · 2025-02-18

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1150 of 2025 Tosharanjan Barik @ Tasa …. Petitioner Mr. S. K. Tripathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. C.M. Singh, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.02.2025 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition is filed for release of the petitioner on bail in connection with G.R. Case No.328 of 2024 arising out of Muribahal P.S. Case No.341 of 2024 pending in the file of learned J.M.F.C., Muribahal on the grounds stated therein. 3. Perused the FIR and the rejection order as at Annexures-1 and 2 respectively. 4. One of the accused persons, namely, Jashobanta Chhatria @ Shiba is on bail by the Court’s order in BLAPL No.677 of 2025. Learned counsel for the petitioner would submit that the petitioner is having no other criminal antecedent of similar nature. Mr. Singh, learned ASC for the State, however, claims it otherwise. It is brought to the notice of the Court that the petitioner was not identified during the T.I. parade unlike the other accused named above, who is on bail. From the Court’s order in BLAPL No.677 of 2025, it is made to appear that a seizure of Rs.74,000/- was made from the said accused, whereas, the petitioner, who failed to be identified during the T.I. parade, recovery and seizure of Rs.6,200/- is shown to have been made, Considering the above facts and submissions of learned counsel for the respective parties and as the co-accused is on bail, the petitioner as more or less on similar footing and is in judicial custody from 13th November, 2024, recording the submission that he has no antecedent of similar nature, the Court is inclined to allow him to go on bail. 5. Accordingly, it is ordered. 6. In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with G.R. Case No.328 of 2024 arising out of Muribahal P.S. Case No.341 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties (one of who to be a blood relation) for the like amount each to the satisfaction of the learned J.M.F.C., Muribahal, who shall impose such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the PS and report the I.O. once in a week in connection with the investigation and at the same time, to submit an undertaking to the effect that he shall not involve himself in any such criminal activities, while on bail. The Court further directs that the release of the petitioner shall be upon verification and absence of similar antecedent pending against him. 7. The BLAPL stands disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer