IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3655 of 2025 Das Rabi and Another ..…... Petitioners Mr. Rajendra Narayan Rout, Adv. -Versus- State of Odisha …… Opposite Party Mrs. Jyoshnamayee Sahoo, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 09.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 53 01.02.2025 Berhampur Town G.R. Case No.294 of 2025 pending in the Court of learned S.D.J.M., Berhampur Section- 309(6) of the BNS, 2023. 1. This matter is taken up through a hybrid arrangement. 2. The Petitioners being in custody in connection with Berhampur Town P.S. Case No.53 of 2025, corresponding to G.R. Case No.294 of 2025 pending in the Court of learned S.D.J.M., Berhampur, registered for the alleged commission of offences under Section-309(6) of the BNS, 2023, have filed this petition seeking their release on bail. Page 2 of 4 3. The brief fact in nutshell is that on 01.02.2025 the complainant lodged a written report before the IIC, Berhampur Town P.S. alleging therein that on the same day in between 09:40 AM to 09:50 AM, while she was going towards Military Lane from Mitra Street by walking, two unknown persons came by a black coloured motorcycle snatched away her Mangalasutra. On the basis of report lodged by the complainant on 01.02.2025, the present case was registered and investigation was started. During the course of investigation, the petitioners were apprehended and during their interrogation, the Mangalasutra snatched by them was recovered from their possession along with mobile phones, motorcycle and gold which were admitted to have been snatched away from other persons. Hence, this case. 4. Learned counsel for the Petitioners submits that the Petitioners implicated in the alleged offence is triable by Magistrate. He further submits that the Petitioners have no prior criminal antecedents. After implication of the Petitioners in the present case, the Police have implicated the Petitioners in similar cases. He further submits that investigation of this case has already progressed to a substantial extent, there is least chance of absconding the process of trial. He further submits that the Petitioners are in custody since 09.02.2025. Hence, he submits that the Petitioner may be enlarged on bail. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioners in view of the nature of allegations alleged against the Petitioners. He further submits that the Petitioner No.1 has 3 criminal antecedents and Petitioner No.2 has 1 criminal antecedent respectively in their credit. 6. Without delving into the intricacies of the case or the merits of the allegations, this Court is of the view that the Petitioners should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The Petitioners shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. till submission of charge- sheet. ii. The Petitioners shall not indulge themselves in any criminal offence while on bail; iii. The Petitioners shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. Each of the Petitioners, after the onset of monsoon (during June, 2025 to August, 2025) shall plant 200 saplings of local varieties, such as mango, neem, tamarind, etc., around their village on Government land, community land, or private land in the possession of the Petitioners or their family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for 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 Petitioners have planted the saplings or not. 8. It is further made clear that the Petitioners shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that they shall maintain those plants for two years. 9. The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioners. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Narayan