Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13974 of 2025
Tukula @ Tuku Nayak
… Petitioner
Mr. D.R. Parida, Advocate
-versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 16.03.2026
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Chandanpur PS Case No.264 of 2025 arising out of GR Case No.919 of 2025, pending in the Court of learned NGN, Puri for commission of offences punishable U/Ss. 310(2) of BNS r/w Sections 25/27 of the Arms Act, on the main allegation of committing dacoity from the staff and relative of the informant and taking away around 1.5Kgs of gold, 34kgs of Silver and cash of Rs. 33 Lakhs, along with co-accused persons. 3. Heard, Mr. Deepak Ranjan Parida, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Parida volunteers to p. 2 withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature. 4. Admittedly, FIR has been registered against unknown person, but no TI parade has been conducted to identify the suspect and the Petitioner has been allegedly implicated in this case on the basis of recovery of some articles. In the aforesaid facts and circumstance, especially when it is claimed that the Petitioner is not having any criminal antecedent and taking into account the other circumstances on record in entirety including inherent right of the accused to be presumed innocent until proven guilty at the trial and regard being had to the principle that bail should not be withheld as a pretrial punishment and lastly, keeping in view the pre trial detention of the Petitioner in custody since 02.12.2025 with submission of charge sheet, 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.1,00,000/- (Rupees One Lakh) 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 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 p. 3 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 and
(ii) 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. 6. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy)
Judge
Priyajit