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2025 DAILYLAW 54159 (ORI)

NAROTTAM BISWAL v. STATE OF ODISHA

BLAPL/9277/2025 · 2025-09-22

Sibo Sankar Mishra

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9277 of 2025 Narottam Biswal …. Petitioner(s) Mr. Soubhagya Swain, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. A.K. Apat, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.09.2025 01. 1. The petitioner is an accused in connection with Larambha P.S. Case No. 150 of 2025 corresponding to G.R. Case No.799 of 2025 registered on the allegation of the alleged commission of offence punishable under Section 309(4) of BNS, 2023 pending in the Court of the learned SDJM, Patnagarh. 2. The petitioner had approached the learned Additional Sessions Judge, Patnagarh in Bail Application No. 112 of 2025 praying for grant of bail. The learned Court below vide its order dated 22.07.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, as per the FIR, is that on 06.07.2025 at 09.44 P.M. the informant Jitu Baralendia appeared at the police station and reported that on 06.07.2025 at about 12.00 Noon he along with Papun Baralendia of his village were returning home after marketing from Tamian side. On the way between Tamian and Bhatpali road, Ashish @ Kalia Meher and Sahadev Bariha of village Bhatpali and Ranjan Bag and the present petitioner of village Tamian came in two Avenger Motorcycles and stopped them. They threatened to kill them in life and committed robbery of Rs.8000/- from him and fled away from the spot. Hence, the FIR. 5. Vide order dated 22.07.2025, the trial court rejected the bail application of the three accused persons, namely, Ranjan Bag, Sahadev Bariha and the present petitioner (Narottam Biswal). Both the co-accused persons, namely, Ranjan Bag and Sahadev Bariha have already been admitted to bail by this Court vide order dated 22.08.2025 in BLAPL No. 7954 of 2025 and BLAPL No. 8356 of 2025 respectively. 6. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 07.07.2025 and the role attributed to the co-accused persons is similar to that of the present petitioner. Hence, he seeks bail on parity. 7. Learned counsel for the State opposed the prayer for bail. 8. Regard being had to the nature of allegation and the fact that the petitioner is in judicial custody since 05.08.2025 and that the co-accused persons have already been enlarged on bail, I am inclined to enlarge the accused- Petitioner on bail. 9. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (1) The petitioner shall appear before the Court diligently without fail, on every date of hearing; (2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and (3) He shall not commit any offence while on bail. (4) He shall be released on bail subject to verification of similar type of antecedents. In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 10. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok Designation: Secretary