IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3653 of 2025 Aju @ Chenti @ Chaturbhuja Naik ..…... Petitioner Mr. Bharat Jalli, 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 35 13.03.2023 Telkoi G.R. Case No.34 of 2023 pending in the Court of learned J.M.F.C., Telkoi Section- 394 of the IPC. 1. This matter is taken up through a hybrid arrangement. 2. The Petitioner being in custody in connection with Telkoi P.S. Case No.35 of 2023, corresponding to G.R. Case No.34 of 2023 pending in the Court of learned J.M.F.C., Telkoi, registered for the alleged commission of offence under Section-394 of the IPC, has filed this petition seeking his release on bail. Page 2 of 4 3. The brief fact in nutshell that on 13.03.2023 at 5 PM, the Complainant-Umesh Chandra Dandia lodged a written report before the IIC, Telkoi P.S. alleging therein that, he had been to Barahdevta to supply Bimal (Pan Masala). On the same day, at about 1.00 PM, while he was returning to his house, on the way in between Siribahal to Jagamohanpur, two unknown culprits restrained him and took away cash of Rs.40,000/- from him by showing bhujali. Not only that, the culprits also assaulted him by means of a bhujali handle to his hand for which, he sustained injury on his hand. Hence, this case. 4. Learned counsel for the Petitioner submits that this Petitioner have been falsely implicated in this case on the basis of confessional statement of the co-accused persons, and he has no active role in the present case. He further submits that the Petitioner is in custody since 10.10.2023. Hence, he submits that the Petitioner may be enlarged on bail. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner in view of the nature of allegation alleged against the Petitioner. He further submits that the Petitioner has 13 criminal antecedents in his credit. 6. Without delving into the intricacies of the case or the merits of the allegations, this Court is of the view that the Petitioner 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 Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner, 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 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 the land for plantation. Violation of any of the above conditions shall lead to the cancellation of the bail. Page 4 of 4 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 or not. 8. It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that he 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 Petitioner. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Narayan