IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5423 of 2025 Akshya Behera ..…... Petitioner Mr. Sarbeswar Sahoo, Advocate -Versus- State of Odisha ………. Opposite Party Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 30.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 119 05.07.2021 Orkel T.R. Case No. 38 of 2021 pending in the Court of learned Addl. Sessions Judge- cum-Special Judge, Malkanigiri U/s. 498- A/363/304- B/366/302/376(3 )34 I.P.C. 1860, r/w Section 6 of POCSO Act 2012 further r/w Section 4 of DP Act 1. This matter is taken up through hybrid arrangement. Page 2 of 4 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. This is a case of Bail Jump. 4. In this case, the Petitioner has been arrested on 13.02.2025 on the strength of N.B.W. issued against him because of his non- appearance in court on the date fixed and is in custody for the alleged commission of offences punishable under Section -498- A/363/304-B/366/302/376(3)34 of IPC, Section-6 of POCSO Act 2012 further read with Section-4 of DP Act 1961 in T.R. Case No. 38 of 2021 arising out of Orkel P.S. Case No.119 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Malkanigiri 5. Learned counsel for the Petitioner submits that the Petitioner was on bail vide order dated 21.10.2022 passed by this Court in BLAPL No.2754 of 2022. He further submits that the Petitioner did not attend the court on the date fixed due to communication gap between the conducting Advocate and the petitioner for which N.B.W. was issued on 29.01.2025 against him. Learned counsel for the Petitioner further submits that non-appearance of the Petitioner in Court on the said date was neither intentional nor deliberate. Moreover, the Petitioner is a permanent resident of village-Potrel, P.S.- Orkel, District- Malkangiri. Hence, there is no reasonable chance of his abscondance from the process of justice. There is also no allegation on behalf of the prosecution that the Petitioner shall tamper the prosecution evidence, if he is released on bail. 6. Considering the submission made on behalf of the Petitioner and since the Petitioner could not remain present in court on the date fixed because of the reasons beyond his control, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station in every fortnight on Monday between 10 A.M. to 1.00 P.M. till conclusion of the trial; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; v. the petitioner, after the onset of monsoon (during June, 2025 to August, 2025), shall plant 100 saplings of local variety like mango, neem, tamarind etc. 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. 7. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Vacation Judge Deepak/Puspanjali