Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3831 of 2025
Dhirendranath Baral @ Papu
… Petitioner
Ms. D. Mohapatra, Advocate
-versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 03.07.2025
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Puri Town PS Case No.320 of 2024 arising out of ST Case No.28/168 of 2025, pending in the Court of learned 3rd Addl. Sessions Judge, Puri, for commission of offences punishable U/Ss.126/ 115(2)/ 317(2)/ 109/ 296/ 351(2)/ 121(1)/ 132(5)/ 34 of BNS, on the main allegation of threatening the police party by showing pistol when the letter went to apprehend him. 3. Heard, Ms. Deepali Mohapatra, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. 4. It is, however, submitted by Ms. Mohapatra that the petitioner is a handicapped person with his
right leg amputated from knee and he is having sixty five percent of disability and thereby, the allegation appears to be not only insignificant, but also untrue and the petitioner has been detained in custody since 17.09.2024 may kindly be granted bail. 4.1. On the other hand, Mr. Acharya, however, opposes the bail application of the petitioner by harping on his criminal background. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the Petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the pre-trial detention of the Petitioner in custody since 17.09.2024 and the mode and manner of implication of the petitioner and his disability and keeping in view the inherent right of the accused to be presumed innocent until proven guilty, this Court without expressing any view on merits, admits the petitioner to bail. 6. Hence, the bail application of the petitioner stand allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.
In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law,
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court,
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody or till conclusion of the trial, whichever is earlier. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. Page 4 of 4
7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Jayakrushna