IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2335 of 2025 Binod Jena ..…... Petitioner Mr. Subhasish Das, Adv. -Versus- State of Odisha ………. Opposite Party Mr. P. Satapathy, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 24.04.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 204 03.12.2024 Chitrakonda G.R. Case No.836 of 2024 pending in the court of learned SDJM, Malkangir Section 126(2), 127(2),308(5), 309(4),61(2), 3(5) of the BNS r/w Sec.25 of the Arms Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Chitrakonda P.S. Case No.204 of 2024 corresponding to G.R. Case No. 836 of 2024, pending in the court of the learned SDJM, Malkangiri, Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 30-Apr-2025 18:18:13 Signature Not Verified p. 2 registered for the alleged commission of offences under Sections 126(2),127(2),308(5),309(4),61(2), 3(5) of the BNS read with Section 25 of the Arms Act has filed this petition for his release on bail. 4. The prosecution case is that on 03.12.2024 at about 8.00 P.M. one Bhaktaram Sisha, Naib Sarpanch of Badpadar GP lodged a written report alleging that on 12.11.2024 at 7:00 P.M. when he was at home one M. Narayan along with an unknown person came to his house and asked him to go along with them by saying that naxals were calling him. Then he along along with them went to Dhanurjayguda Park. After reaching there, M. Narayan stood at a distance from him and two unknown persons were present there wearing civil clothes and carrying a country made Gun with them. They restrained him and introduced themselves as naxals. They threatened him by saying that he along with the Sarpanch were doing all the contracting works in the village by selling important project works to other. They threatened him to give them money. So out of fear he gave them Rs.200/- as he had only that much of money with him. Then, he went to his house. Hence, this case. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 30-Apr-2025 18:18:13 Signature Not Verified p. 3 5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case and the he is no way connected with the offences as alleged by the prosecution in any manner. Moreover, the Petitioner is in custody since 8th December, 2024. Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. the petitioner shall appear before the learned trial court on each date of posting of the case; ii. the petitioner shall not indulge himself in any criminal offence while on bail; and iii. the petitioner shall not tamper the evidence of the prosecution evidence in any manner. iv. The Petitioner, after the onset of monsoon, shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 30-Apr-2025 18:18:13 Signature Not Verified p. 4 land, community land, or private land in the possession of the petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation. Violation of any of the above conditions shall entail cancellation of the bail. 8. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required. 9. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years. 10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings. 11. The BLAPL is, accordingly, disposed of. ( Dr. S.K. Panigrahi) Judge Murmu