Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2009 of 2025
Susanta Behera
… Petitioner
Mr. J. Sahoo, Advocate
-versus- State of Odisha … Opposite Party Mr. A.K. Apat, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 22.04.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Hinjili PS Case No.551 of 2023 arising out of ST Case No. 145 of 2023 pending in the Court of learned Additional Sessions Judge, Chhatrapur for commission of offence punishable U/Ss. 302/201/120-B of the IPC, on the allegation of committing murder of the deceased Barsharani Purohit and causing disappearance of the evidence by entering into a conspiracy with co-accused persons.
3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. A.K. Apat, learned Additional Public Prosecutor in the matter and perused the record.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard
being had to the pre-trial detention of the petitioner in custody since 01.08.2023 and the mode and manner of his implication and taking into account the fact that the FIR was registered against unknown person and there being no direct evidence against the petitioner and the main allegation being
directed against co-accused Prasanta Behera who is not before this Court in this bail application and keeping in view the release of co-accused Santosh Behera on bail in BLAPL No. 2817 of 2024, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each 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 conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law,
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court
without prior permission till disposal of the case by intimating his present address of stay to the concerned Court and
(iv) the petitioner 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 petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge Priyajit