IN THE HIGH COURT OF ORISSA AT CUTTACK Biswajit @ Ganesh Giri (In BLAPL No.8199 of 2024) Tarini Gope @ Golu (In BLAPL No.13063 of 2024) … Petitioners Mr. D. Nayak, Sr. Advocate along with Mr. A. Mohanty, Advocate (In BLAPL No. 8199 of 2024) Mr. S.P. Dash, Advocate (In BLAPL No. 13063 of 2024) -versus- State of Orissa … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.04.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Turumunga PS Case No.139 of 2022 corresponding to ST Case No. 14 of 2023 (GR Case No.1775 of 2022) pending in the file of learned JMFC(City), Keonjhar for commission of offences punishable Under Sections 364/302/506/120-B/34 of IPC r/w Sections 25/27 of the Arms Act, on the main allegation of committing murder of the deceased Mrutyunjay Behera by abducting him from a hotel. 4. Heard, Mr. Dharanidhar Nayak, learned Senior Counsel who is being assisted by Mr. Adhiraj Mohanty, learned counsel for the Petitioner in BLAPL No.8199 of 2024; Mr. Sarada Prasad Dash, learned counsel for the Petitioner in BLAPL No.13063 of 2024; and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PW1 to PW3 as produced, so also the copy of the order dated 16.01.2025 passed by a Coordinate Bench of this Court in BLAPL No. 9998 of 2024 granting bail to co accused-Bikash Mahakud @ Pintu. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 27.04.2023 (Biswajit @ Ganesh Giri) & 30.12.2022 (Tarini Gope @ Golu) and taking into account the other circumstances on record in entirety including the evidence of eye witnesses who have turned hostile and release of co-accused Bikash Mahakud & Madhabananda Naik @ Tulu Singh on bail in BLAPL Nos. 9998 of 2024 & 2086 of 2023, this Court without expressing any view on merits admits the Petitioners to bail. Page 3 of 4 6. Hence, these two bail applications of the petitioners namely Biswajit @ Ganesh Giri & Tarini Gope @ Golu in BLAPL Nos.8199 & 13063 of 2024 stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS,2023 in accordance with law, (iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay to the concerned Court and (iv) the petitioners 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 (03) months from the actual date of release from the custody. Page 4 of 4 The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners 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 petitioners 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, these BLAPL Nos. 8199 & 13063 of 2024 stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit