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2025 DAILYLAW 41978 (ORI)

KALPATARU JENA v. STATE OF ODISHA

BLAPL/6498/2025 · 2025-07-14

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6498 of 2025 Kalpataru Jena … Petitioner Mr. R. Samal, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 14.07.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Paradeep Lock P.S Case No.98 of 2025 corresponding to G.R. Case No.314 of 2025 of pending in the file of learned J.M.F.C.(P), Kujang, for commission of offences punishable U/Ss. 331(4)/305(a)/111(2)(b)of BNS, on the allegation of committing theft of 20Grams of gold and cash of Rs.10,000/- from the house of the informant along with co-accused persons. 3. Heard, Mr. Ravishankar Samal, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP in the matter and perused the record. Page 2 of 3 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à- vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 18.05.2025 and taking into account absence of the name of the petitioner in the FIR and keeping in view the mode and manner of implication of the present petitioner in this case and further taking into account the inherent right of the accused to be presumed innocent until proven guilty, this Court without expressing any view on merits, admits the petitioner to bail. 5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 shall not commit any offence while on bail and (ii) the petitioner 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 p. 3 offence U/S.269 of BNSS in accordance with law and (iii) the petitioner 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 six (06) months from the actual date of release from the custody. The IIC of jurisdictional Police Station shall not detain the petitioner 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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer