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2025 DAILYLAW 20007 (ORI)

DIPANANDA BISWAL v. STATE OF ODISHA

BLAPL/2440/2025 · 2025-04-25

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2440 of 2025 Dipananda Biswal …. Petitioner(s) Mr. Bijaya Kumar Ragada, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Tapas Kumar Acharya, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 25.04.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0116 10.02.2025 Angul Angul P.S. Case No.116 of 2025 corresponding to G.R. Case No.128 of 2025 pending in the Court of learned J.M.F.C, Banarpal, Angul Sections 318(2), 296, 351 (2), 3(5) of the Bharatiya Nyaya Sanhita. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Angul P.S. Case No.116 of 2025 corresponding to G.R. Case No.128 of 2025 pending in the Court of learned J.M.F.C, Banarpal, Angul registered for the alleged commission of offence under Sections 318(2), 296, 351 (2), Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 01-May-2025 18:36:14 Signature Not Verified 3(5) of the Bharatiya Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that giving assurance of providing job in the posts of Data Entry Operator, Supervisor, Management, Billing and Scanning work in the Organization in question to the informant so also the other persons belonging to Angul, Dhenkanal and Cuttack districts the Petitioner had taken a sum of Rs.21,000/- from each of them. After taking the said amount since the Petitioner did not provide them job as per the assurance given to them, the informant lodged an F.I.R before the local Police Station. Upon lodging of the F.I.R and completion of investigation, the Petitioner was arrested and has been languishing in custody since 11.02.2025. 5. Learned counsel for the Petitioner contends that the Petitioner is an innocent person and he has been falsely implicated in this case. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 01-May-2025 18:36:14 Signature Not Verified i. the Petitioner shall appear before the concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioner after the onset of monsoon, shall plant 100 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail cancellation of the bail. 8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. 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 or not. 10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants Designation: Personal Assistant for two years. The said affidavit be also produced before the learned court below at the time of trial. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant