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2025 DAILYLAW 42663 (ORI)

ASHIM NAIK @ RAJ NAIK v. STATE OF ODISHA

BLAPL/6657/2025 · 2025-07-16

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6657 of 2025 Ashim Naik @ Raj Naik … Petitioner Mr. A. Mishra, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.07.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tikiri PS Case No.126 of 2024 corresponding to GR Case No.415 of 2024 pending in the file of learned JMFC, Kashipur, Dist-Rayagada, for commission of offences punishable U/Ss.457/380 of BNS, on the allegation of committing theft in the shop of the informant and taking away cash of Rs.4,50,000/-. 3. Heard, Mr. Arijeet Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the present matter and perused the record. 4. Admittedly, FIR has been lodged against unknown persons, but the present petitioner has been arrested and detained in custody since 15.12.2024. In the meantime, charge-sheet has already been submitted. 5. In view of the above facts and 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 15.12.2024 and taking into account the mode and manner of implication of the present petitioner in this case, this Court without expressing any view on merits admits the petitioner to bail. 6. 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, (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 offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court, (iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(3) months from the actual date of his release from the custody or till disposal of the case whichever is earlier. The I.I.C. 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 similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer