IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4650 of 2025 Babaji @ Naga @ Ajit Kumar Behera ..…... Petitioner Mr. S. K. Dash, Advocate -Versus- State of Odisha ………. Opposite Party Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 16.05.2025 Order No. 01. No. Dated Police Station Case No. and Courts’ Name Sections 65 04.02.2025 Motonga G.R Case No.80 of 2025, pending in the Court of learned JMFC(Cog.Taking ), Dhenkanal U/s 310(2) of BNS read with Section 25(1- A)/25(6)/27(1) of the Arms Act 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, who is in custody in connection with Motonga P.S. Case No.65 of 2025, corresponding to G.R Case No.80 of 2025, pending in the Court of learned JMFC(Cog.Taking), Dhenkanal, and registered for the alleged commission of offences under Section 310(2) of BNS read with Section 25(1-A)/25(6)/27(1) of the Arms Act, has filed this petition seeking release on bail. 3. The brief fact of the case is that on 03.02.2025 at about 9.40 pm, while the informant along with his friend Satyajit Sahoo was returning to their house by a Bullet after closing their shop at Kantabania Bazar, on the way at the railway underpass near Meramandali Bazar, 7 to 8 unknown persons suddenly came with covering face by masks in an unnumbered white coloured Bolero vehicle and restrained their vehicle. After getting down from their Bolero, they put one big knife on the neck of the informant and his friend and asked them to deliver the money and other valuable articles in their possession. Hence, being scared of their offensive acts, the Informant handed over cash of Rs.1,70,000/- and his mobile hand set and his friend handed over cash of Rs.50,000/- and his two nos. of mobile handsets to those culprits. 4. Learned counsel for the petitioner submits that the petitioner being arrested, has been remanded in the case on 20.03.2025. He submits that the Petitioner has no nexus with the alleged occurrence and he had never gone to the place of occurrence. He further submits that nothing has been seized from the conscious possession of the Petitioner and he has been entangled in the case only on the basis of the confessional statement of the co-accused. Further, the charge-sheet has already been filed in the present case. In view of all these above, when the Petitioner is a permanent resident of District Dhenkanal as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 6. Taking into account the submissions made and on going through the materials on record; further keeping in view all other surrounding circumstances, this Court is of the view that the Petitioner should be granted bail in the aforesaid case by the learned Court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The petitioner shall deposit his passport, if any, before the local Police Station; ii. The petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. iii. The petitioner shall not indulge himself in any criminal offence while on bail; iv. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner. v. The petitioner, after the onset of monsoon, shall plant 100 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 land for the 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 Petitioner has planted the saplings as required. 8. It is further directed that the petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain them for a period of two years. 9. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali