IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3497 of 2025 Raju @ Rajkishore Sahu ..…... Petitioner Mr. B.S Dasparida, Advocate -Versus- State of Odisha ………. Opposite Party Mrs. S. Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 06.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 73 18.02.2025 Bantala G.R. Case No.275 of 2025 pending in the Court of learned SDJM, Angul U/s. 109/3(5) of BNS, 2023 & Section 25/27 of Arms Act 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, who is in custody in connection with Bantala P.S. Case No.73 of 2025, corresponding to G.R. Case No.275 of 2025 pending in the Court of learned SDJM, Angul, and registered for the alleged commission of offences under Section 109/3(5) of BNS read with section 25/27 of Arms Act, has filed this petition seeking release on bail. 3. The brief fact of the case is that on 18.02.2025, the informant presented a written report at Bantala P.S. stating therein that on 17.2.2025 at about 6pm, he took one Bishnu Naik of his village m his auto riekshaw to SBI ATM on hire basis. After half an hour of arriving at the ATM, the said Bishnu Naik and one Siba Naik came near him and asked to proceed towards Badkera. While they were going, near Bana Durga Temple some unknown culprits fired by gun to Bishnu Naik and Siba Naik for which they sustained injuries and were shifted to hospital. 4. Learned counsel for the petitioner submits that the Petitioner being arrested in the case is in custody since 24.02.2025 and in the meantime, charge sheet has already been submitted. He submits that the allegation leveled against the Petitioner is completely false and fabricated and he is no way involved with those offences. He further submits that as per the confessional statement of the co-accused, the present petitioner has entangled in this case. He submits that the petitioner is the only earning member of his family and if the petitioner detained in the jail custody for a long period, his family will suffer a lot. In view of all these above, he urges that further detention of the Petitioner in custody would serve no useful purpose. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner on the ground of seriousness of allegations and prima facie materials available on the record against him and the investigation is under progress. 6. Taking into account the submissions made and on going through the materials on record; further keeping in view all other surrounding circumstances, 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; and 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 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