IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4277 of 2025 Babu Behera …. Petitioner(s) Mr. Sarbeswar Sahoo, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 12.05.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0071 22.03.2025 Athagarh Athagarh P.S. Case No.71 of 2025 corresponding to C.T. Case No.180 of 2025 pending in the Court of learned S.D.J.M, Athagarh Sections 303(2), 62 and 3(5) of the Bharatiya Nyaya Sanhita 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Athagarh P.S. Case No.71 of 2025 corresponding to C.T. Case No.180 of 2025 pending in the Court of learned S.D.J.M, Athagarh registered for the alleged commission of offence under Sections 303(2), 62 and 3(5) of the Bharatiya Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-May-2025 15:21:19 Signature Not Verified Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that due to transportation of cattle through the vehicle bearing registration No.OR-21- D-9364 the Petitioner was taken into custody from Mainsigoth Chawk of Village-Rajnagar. The Petitioner has been languishing in custody since 25.03.2025. 5. Learned counsel for the Petitioner contends that the Petitioner is no way connected to the offences alleged against him. The Petitioner has been taken into custody on suspicion. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial; Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-May-2025 15:21:19 Signature Not Verified ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioner after the onset of monsoon (between June, 2025 to August, 2025), shall plant 200 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail cancellation of the bail. 8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. 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. 10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-May-2025 15:21:19 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant