Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6092 of 2025
Murali Sethi & Another … Petitioners
Mr. A. Das, Advocate
-versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 07.07.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. Ashok Das, learned counsel for the petitioners by filing a memo prays to not press the bail application of petitioner No.1-Murali Sethi and accordingly, the bail application of the petitioner No.1 Murali Sethi stands disposed of as not pressed and the present bail application is only confined to petitioner No.2-Gobardhan Nayak. 3. This is an application U/S.483 of BNSS by the petitioner-Gobardhan Nayak for grant of bail in connection with Golanthara P.S. Case No.77 of 2025 corresponding to G.R. Case No.280 of 2025 pending in the file of J.M.F.C.(R) Cog., Berhampur, for commission of offences punishable U/Ss.309(4)/ 317(4)/3(5) of BNS, on the allegation of snatching away one gold chain from the wife of the informant. Page 2 of 4
4. Heard, Mr. Ashok Das, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record. 5. It appears from the record that the FIR has been lodged against unknown persons for snatching away gold chain, but the present petitioner has not put to TI parade. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the mode and manner of implication of the present petitioner in this case and taking into account the pre-trial detention of the petitioner in custody since 18.02.2025 and further taking into account the other circumstance on record in entirety, this Court without expressing any opinion on merit, admits the petitioner-Gobardhan Nayak to bail. 6. Hence, the bail application of the petitioner- Gobardhan Nayak stands allowed and the petitioner- Gobardhan Nayak is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 Gobardhan Nayak shall not commit any offence while on bail,
ii) the petitioner Gobardhan Nayak 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 and
(iii) the petitioner Gobardhan Nayak shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The IIC of jurisdictional Police Station shall not detain the petitioner Gobardhan Nayak 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 any grave/similar offence 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
S.Sasmal Designation: Jr. Stenographer