IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3634 of 2025 Masid Khan & Others ..…... Petitioners Mr. Jyotirmaya Sahoo, Adv. -Versus- State of Odisha …… Opposite Party Mr. Sonak Mishra, 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 68 08.03.2025 Balugaon G.R. Case No.152 of 2025 pending in the Court of learned J.M.F.C., Chilika Sections- 189(2) / 191(2)/191(3)/ 296/ 115(2)/ 118(1)/ 109/303(2)/351(3)/ 190 of the BNS, 2023. 1. This matter is taken up through a hybrid arrangement. 2. The Petitioners, who are in custody in connection with Balugaon P.S. Case No.68 of 2025, corresponding to G.R. Case No.152 of 2024 pending in the Court of learned J.M.F.C., Chillika, registered for the alleged commission of offences under Sections- 189(2)/191(2)/191(3) /296/115(2)/118(1)/ p. 2 109/303(2)/351(3)/190 of the BNS, 2023, have filed this petition seeking their release on bail. 3. The brief fact of the case is that on 08.03.2025 one Rajesh Panda lodged a written report before the IIC, Chillika P.S. alleging therein that on 07.03.2025 at about 11 PM about 4 to 5 nos. of tractors loading with soil were proceeding inside the village Gundurpur in excess speed which may endangerous. When the informant instructed the driverS of vehicles, the drivers have not listen to the informant. After five minutes later one Yusud along with others of Muslim Sahi being armed with deadly weapons suddenly attacked to kill them in life by means of those deadly weapons. During the course of assault, Ayunu Paikaray and others received sustained bleeding head injury on their portion. The accused not only assaulted but also abused in filthy languages. Hence, this case. 4. Learned counsel for the Petitioners submits that this case is registered on the basis of village dispute. These Petitioners have no active role in the present case. He further submits that the co-accused who are similarly situated with the Petitioners have already been released on bail by this Court. He further submits that the injuries on the persons of the injured are simple in nature. He further submits that the Petitioners are in custody p. 3 since 08.03.2025. Hence, he submits that the Petitioners 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 investigation in this case is going on. 6. Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, further taking into account the factum of release of co- accused persons on bail by this Court, 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 before the Investigating Officer 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 100 saplings of local varieties, such p. 4 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