IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4228 of 2025 Rupa @ Rupadhar Majhi …. Petitioner Mr. Suryakanta Dwibedi, Advocate -versus- State of Odisha …. Opp. Party Mr. Aurobinda Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 12.05.2025 01. 1. The petitioner is an accused in connection with Kegaon P.S. Case No.5 of 2021 corresponding to C.T. Case No.64 of 2021 registered on the allegation of the commission of the offences punishable under Sections 457/395 of the IPC, r/w Sections 25/27 of the Arms Act, pending in the Court of the learned C.J.M.-cum- Assistant Sessions Judge, Bhawanipatna. The petitioner had approached the learned Sessions Judge, Kalahandi, Bhawanipatna in B.A. No.48 of 2025 praying for grant of bail. The learned Court below vide its order dated 14.02.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The petitioner was already admitted to bail by this Court while allowing his bail application in BLAPL No.7873 of 2021 vide order dated 07.10.2021. However, due to the deliberate non-appearance of the petitioner before the Court below, the learned C.J.M.- cum-Assistant Sessions Judge, Bhawanipatna vide order dated 08.07.2024 has issued the order of NBW against the petitioner. Subsequent thereto, the petitioner was taken into custody on 05.02.2025 on the execution of the NBW. 4. Regard being had to the fact that the petitioner was already granted bail by this Court vide order dated 07.10.2021, however, due to his default in appearing before the Court below, the order of N.B.W. has been issued against him, I am inclined to enlarge the petitioner on bail. 5. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the Court below on each date of hearing without fail. (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall not tamper with the evidence in any manner whatsoever; and (iv) He shall not commit any offence while on bail. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 6. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.