IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3414 of 2025 Gourahari Mohanty …. Petitioner(s) Mr. Amit Prasad Bose, Adv. -versus- State of Orissa …. Opposite Party(s) Miss Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 07.05.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0067 20.02.2025 Nayagarh Nayagarh P.S. Case No.67 of 2025 corresponding to G.R. Case No.171 of 2025 pending in the Court of learned S.D.J.M, Nayagarh Sections 331(4) and 305 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 Nayagarh P.S. Case No.67 of 2025 corresponding to G.R. Case No.171 of 2025 pending in the Court of learned S.D.J.M, Nayagarh registered for the alleged commission of offence under Sections 331(4) and 305 of the Bharatiya Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-May-2025 19:31:11 Signature Not Verified Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that in the night of 19.02.2025 some unknown persons committed theft of cash and other silver ornaments weighing about 1.3 Kg. from the hundi of lord Jagannath Temple at Nayagarh. Soon after getting the information regarding theft of cash and other ornaments from the hundi of lord Jagannath Temple an F.I.R was lodged in the local Police. Upon lodging of the F.I.R and completion of investigation, the Petitioner was arrested and has been languishing in custody since 10.03.2025. 5. Learned counsel for the Petitioner contends that name of the Petitioner has not been reflected in the F.I.R. He has been entangled in this case only on suspicion. He also submits that nothing has been seized from the conscious possession of the present Petitioner. He 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. She further submits that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-May-2025 19:31:11 Signature Not Verified 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: 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 (between June, 2025 to August, 2025), 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. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-May-2025 19:31:11 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 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