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2025 DAILYLAW 170 (ORI)

SOMANATH SAMAL @ SAGAR v. STATE OF ODISHA

BLAPL/12236/2025 · 2026-01-27

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Somanath Samal @ Sagar (In BLAPL No. 12236 of 2025) Sk. Mijanur Rehman Molla @ Raju (In BLAPL No. 12521 of 2025) Debi Prasad Mallia @ Vicky (In BLAPL No. 190 of 2026) … Petitioners Mr. B.S. Das, Advocate (In BLAPL No. 12236 of 2025) Mr. R.R. Ray, Advocate (In BLAPL No.12521of 2025) Mr. B.P. Tripathy, Sr. Advocate along with Mr. P. Agrawal, Advocate (In BLAPL No. 190 of 2026) -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 27.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Lingaraj P.S. Case No. 26 of 2025 corresponding to C.T. Case No.173 of 2025 pending in the file of learned 3rd Addl. Sessions Judge, Bhubaneswar, for commission of offences punishable U/Ss. p. 2 331(4)/305/313/111(3)/317(4)/61(2)(a)/3(5) of BNS, on the main allegation of committing theft by breaking upon the ATM in the night, along with co-accused persons. 4. Heard Mr. Bhabani Shankar Das, learned counsel for the petitioner in BLAPL No. 12236 of 2025; Mr. Rohit Ranjan Ray, learned counsel for the petitioner in BLAPL No. 12521 of 2025; Mr. Bibhu Prasad Tripathy, learned Senior Counsel, who enters appearance in Court today along with Mr. Partha Agrawal, learned counsel for the petitioner in BLAPL No. 190 of 2026 by filing appearance memo, which is taken on record and Mr. C. Mohanty, learned Additional Public Prosecutor in these matters and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Das informs this Court that the petitioner-Somanath Samal @ Sagar is having two criminal antecedents including the present case, Mr. Ray submits that the petitioner-Sk. Mijanur Rehman Molla @ Raju is having three criminal antecedents including the present case and Mr. Tripathy submits that the petitioner Debi Prasad Mallia @ Vicky is having four criminal antecedents including the present case and all of them volunteer to withhold bail to the petitioners, if the information as supplied by them is found to be incorrect or false. 5. Admittedly, the FIR has been lodged against unknown persons, but the petitioners have been detained in custody since 01.03.2025 (in BLAPL Nos. p. 3 12236 & 190 of 2026) & 04.03.2025 (in BLAPL No. 12521 of 2025) and in the meantime, charge sheet has already been submitted. It is, however, claimed by the respective petitioners that they are having some criminal antecedents, but not more than four. In such view of the matter and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre- trial detention of the petitioners in custody and taking into account the mode and manner of implication of the present petitioners in this case and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial together with grant of bail to co-accused persons namely Akash Mukherejee, Ramakanta Sahoo, Akash Mohapatra, Rustam Khan, Sk. Mijanur Rehman Molla @ Raju @ Malla in BLAPL Nos. 5607, 6034, 6147, 6988 & 7033 of 2025 and Biren Rout in BLAPL No. 10776 of 2025 by this Court, this Court without expressing any view on merits, admits each of the petitioners to bail, but subject to verification of their criminal antecedents. 6. Hence, these three bail applications of the petitioners namely Somanath Samal @ Sagar (BLAPL No. 12236 of 2025), Sk. Mijanur Rehman Molla @ Raju (BLAPL No. 12521 of 2025) and Debi Prasad Mallia @ Vicky (BLAPL No. 190 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail p. 4 bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:- (i) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. The aforesaid order is subject to verification of the criminal antecedents of the petitioners and in case the petitioner-Somanath Samal @ Sagar is found to have more than two criminal antecedents including the present case, petitioner-Sk. Mijanur Rehman Molla @ Raju is found to have more than three criminal antecedents including the present case and the petitioner Debi Prasad Mallia @ Vicky is found to have more than four criminal antecedents including the present case, the benefit of this order shall not be extended to them. 7. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer