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2025 DAILYLAW 18159 (ORI)

PAPU @ KAMAL MANGARAJ v. STATE OF ODISHA

BLAPL/1988/2025 · 2025-03-25

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1988 of 2025 Papu @ Kamal Mangaraj …. Petitioner Mr. B.K. Behera, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 25.03.2025 01. 1. Heard Mr. Bhanjadeo, learned counsel for the petitioner and Mr. Ray, learned AGA for the State. 2. Instant petition under Section 483 BNSS is filed seeking release of the petitioner on bail in connection with G.R. Case No.1121 of 2024 pending in the file of learned S.D.J.M., Khurda corresponding to Industrial Estate P.S. Case No.303 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-2. In course of hearing, it is brought to the notice of the Court that one of the co-accused, namely, Pradipta Baliarsingh has been granted bail vide BLAPL No.1051 of 2025 by the Court’s order dated 19th February, 2025 and hence, the petitioner, who is similarly situated, should be released. The Court finds two other accused persons to have been granted bail vide BLAPL No. 945 of 2025, a copy of which is at Flag-A. The submission is that the petitioner, as he is on equal footing and in custody from 31st December, 2024, the Court should allow him to go on bail. A copy of the order in BLAPL No.1051 of 2025 is produced in Court today and the same is perused. Mr. Ray, learned AGA for the State opposed release of the present accused as he was found at the spot and caught by the police at the time of raid along with others. It is a case of congregation of the accused persons for planning and preparing to commit dacoity. It is informed to the Court that the chargesheet is filed. Considering the same and custody of the petitioner since the month of December, 2024 and release of the two accused persons, the Court is inclined to allow him to be released with similar conditions. Accordingly, it is ordered. 4. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1121 of 2024 arising out of Industrial Estate P.S. Case No.303 of 2024 subject to him furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned S.D.J.M., Khurda, who shall be at liberty to impose such other suitable conditions besides the following, such as, he shall attend the PS and report the IO once in a week preferably on Sunday for the purpose of investigation and continue to do so, till the same is concluded; and to furnish an undertaking not to involve himself in similar criminal activities. In case any of the conditions imposed is or are violated, it is made clear that the same shall forthwith entail cancellation of bail granted to the petitioner. 5. The BLAPL is disposed of. 6. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram