IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8889 of 2025 Aswini Naik …... Petitioner Mr. Lambodar Achari, Adv. -Versus- State of Odisha …. Opposite Parties Mrs. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 20.09.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 391 05.08.2025 Bellaguntha G.R. Case No.1510 of 2025 pending in the Court of learned SDJM, Bhanjanagar U/S. 310(4)/310(5) BNS-2023, R/w.27 Arms Act/Sec.4 & 5 of the E. S. Act 1. This matter is taken up through hybrid arrangement. 2. The petitioner being in custody in connection with Bellaguntha P.S. Case No.391 of 2025, corresponding to G.R. Case No.1510 of 2025 pending in the Court of learned SDJM, Bhanjanagar, registered for the alleged commission of offence under Section 310(4)/310(5) Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-Sep-2025 17:50:54 Signature Not Verified BNS-2023, read with Section 27 of the Arms Act and Section 4 & 5 of the E. S. Act, has filed this petition for his release on bail. 3. The Petitioner’s case in brief is that on 01.04.2025 at 12.15 PM, while the SI of police Bellaguntha, Sri Abhaya Kumar Pradhan along with other staff of the Police Station were performing the day patrolling duty near Kokolunda village, found the present Petitioner along with seven others assembled in a farm house near cashew jungle. Noticing arrival of the police, they ran away from the spot. The SI and his team could overpower the present accused persons and nabbed them. During interrogation, the petitioners disclosed that they had assembled there with an intention to commit docility in the nearby residential area of the Bellaguntha Market. Thereafter, the police seized 3 numbers of sword, 7 numbers of Kati, one Iron rod, eleven Mobile phones, six numbers of motor cycle and some gun powder with explosive materials from the possession the Petitioner and others. 4. Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 05.08.2025. He further submits that nothing has been seized from the possession of the Petitioner and he has been falsely implicated in the case. In view of all these above, when the Petitioner is a permanent resident of District Ganjam as also the question of tampering with the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-Sep-2025 17:50:54 Signature Not Verified evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner and considering the nature of offence, without going into the merit of the case, 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 in the aforesaid case 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 on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; iv. the petitioner shall plant 200 saplings of local variety like mango, neem, tamarind etc. around his village over the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-Sep-2025 17:50:54 Signature Not Verified 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 I.I.C. of the concerned Police Station in coordination with the local Forest Officer, shall monitor; whether the Petitioner has planted the saplings or not. 8. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those saplings for two years. 9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner. 10. The BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali