IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3496 of 2025 Bati @ Narendra Das ..…... Petitioner Mr. Satyajit Mohapatra (2), Advocate -Versus- State of Odisha ………. Opposite Party Mrs. Siva Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 395 07.07.2023 Soro C.T. Case No.821 of 2023, further corresponding to S.T Case No.20/64 of 2024, pending in the Court of learned Assistant Sessions Judge, Soro U/s 395/397 of the IPC 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, who is in custody in connection with Soro P.S. Case No.395 of 2023, corresponding to C.T. Case No.821 of 2023, further corresponding to S.T Case No.20/64 of 2024, pending in the Court of learned Assistant Sessions Judge, Soro, and registered for the alleged commission of offences under Section of 395/397 of the IPC, has filed this petition seeking release on bail. 3. The brief fact of the case is that on 03.07.2023 at about 10.30 pm, while he was returning his house, on the way, some unknown persons obstructed him by showing deadly weapons, committed docayati and taken away mobile phone and cash of Rs.1750/-. 4. Learned counsel for the petitioner submits that the petitioner has been languishing in custody since 16th October 2022 in Soro P.S. Case No.444 of 2022 and remanded in the present case on 2nd August, 2023 and in the meantime, charge sheet has already been submitted on 23.12.2023. He further submits that the co- accused persons, who are similarly situated with the Petitioner, have been released on bail by this Court in BLAPL No.9474 of 2023, BLAPL Nos.3067 & 2284 of 2024. He further submits that the Petitioner being a permanent resident of the District of Balasore, there remains no scope on his part to flee from justice and the question of tampering the evidence at this stage does not arise. He therefore, urges for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner on the ground that he has 19 criminal antecedents in his credit. 6. Taking into account the submissions made and on going through the materials on record; further keeping in view all other surrounding circumstances and the period of detention of the Petitioner in custody, this Court is of the view that the Petitioner should be granted bail in the aforesaid case by the learned Court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The petitioner shall deposit his passport, if any, before the local Police Station; ii. The petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. iii. The petitioner shall not indulge himself in any criminal offence while on bail; iv. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner. v. The petitioner, after onset of monsoon, shall plant 100 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 ensuing monsoon. 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 lead to the cancellation of the bail. 7. 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. 8. 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 them for a period of two years. 9. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali