Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3449 of 2025
Rajat Kumar Mahanta
..…... Petitioner
Mr. P.S. Das, Advocate -Versus-
State of Odisha
………. Opposite Party Mr. Pradipta Satpathy, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER 07.05.2025
Order No.
01.
F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 367
08.06.2024 Keonjhar Sadar G.R. Case No.1135 of 2024, pending in the Court of learned SDJM, Keonjhar U/s 379/411/46 8/471/34 of the IPC
1. This matter is taken up through hybrid arrangement.
2. The Petitioner, who is in custody in connection with Keonjhar Sadar P.S. Case No.367 of 2024, corresponding to G.R. Case No.1135 of 2024, pending in the Court of learned SDJM, Keonjhar, and registered for the alleged commission of offences under Section of 379/411/468/471/34 IPC has filed this petition seeking release on bail.
3. The brief fact of the case is that the informant, namely, Subrat Kumar Pattnaik appeared before the Police Station and presented a written report to the effect that on 26.05.2024, his Dumper bearing Registration No.OR-09-G-4964 was standing in front of Anjar Petrol Pump. But on 28.05.2024, he found that his Dumper was missing.
4.
Learned counsel for the petitioner submits that the petitioner is languishing in custody since 24.11.2024 and in the meantime, charge sheet has already been submitted. He further submits that the Petitioner was not named in the FIR but as per the confessional statement of the co-accused, the present petitioner has entangled in this case. Therefore, learned counsel for the petitioner prays that the bail application of the petitioner may be favourbaly considered and he may be allowed to go on bail in the interest of justice.
5.
Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.
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.
Violation of any of the above conditions shall lead to the cancellation of the bail.
7. The BLAPL is accordingly disposed of.
(Dr. S.K. Panigrahi) Judge Gitanjali