IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2917 of 2025 Kusha Nag ..…... Petitioner Mr. Gokulananda Sahu, Adv. -Versus- State of Odisha ………. Opposite Party Mr. T.K. Acharya, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 03.05.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 38 04.02.2025 Padampur G.R. Case No.126 of 2025 pending in the court of learned S.D.J.M., Padampur Sec. 303(2)/111(2)(b)/ 336(3)/ 338/339/3(5) of the Bharatiya Nyaya Sanhita, 2023. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner being in custody in Padampur P.S. Case No.38 of 2025 corresponding to G.R. Case No.126 of 2025, pending in the court of the learned S.D.J.M., Padampur, registered for the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-May-2025 18:57:22 Signature Not Verified alleged commission of offences under Sections 303(2)/111(2)(b)/336(3)/ 338/339/3(5) of the Bharatiya Nyaya Sanhita, 2023, has filed this petition for his release on bail. 4. The prosecution case is that on 04.02.2025 the S.I. of Police, Padampur P.S. lodged a written report before the IIC, Padampur P.S. alleging that on the same day, he along with other staff went towards Gaisilat Road and Kudasingha Chowk and waited there to verify the authenticity of the information received. At about 9.00 P.M. they found one Black and Maroon colour Honda 110 motor cycle bearing Registration No.OD-17- B-1316 came in a high speed from Gaisilat side along with two other persons. The informant stopped the said motor cycle and he noticed that the motor cycle was running without any key. On being asked they did not produce any documents of the said motor cycle. On further interrogation they disclosed that they started the motor cycle with the help of a scissor and brought the motor cycle from Balangir. The accused Chhuababu @ Dhanajay Sahu confessed that he has committed theft of the said motor cycle from Balangir and used fake number plate instead of original number plate, tampered the chasis number. Hence, the informant seized the said motor cycle from the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-May-2025 18:57:22 Signature Not Verified possession of the accused persons and apprehended them. Hence, the present case. 5. Learned counsel for the Petitioner submits that the Petitioner has been implicated in this case based on the confessional statement of the co-accused persons. He further submits that the Petitioner is in custody since 05.02.2025. Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the Petitioner further submits that in the meantime, the charge sheet has already been filed. 7. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations. 8. 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 local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. the petitioner shall not indulge himself in any criminal offence while on bail; and Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-May-2025 18:57:22 Signature Not Verified ii. the petitioner shall not tamper the evidence of the prosecution evidence in any manner. iii. The Petitioner, after the onset of monsoon (in between the months of July and August, 2025), shall plant 200 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government 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. 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 as required. 10. 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. 11. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-May-2025 18:57:22 Signature Not Verified 12. The BLAPL is, accordingly, disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant