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2025 DAILYLAW 54501 (ORI)

JAYA SHANKAR JAGAT v. STATE OF ODISHA

BLAPL/9005/2025 · 2025-09-20

Sibo Sankar Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9005 of 2025 Jaya Shankar Jagat …. Petitioner(s) Mr. B.C. Ghadei, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. S.C. Pradhan, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.09.2025 01. 1. The petitioner is an accused in connection with Jonk P.S. Case No. 164 of 2025 corresponding to C.T. Case No.535 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 111(4)/112(2) of BNS, 2023 pending in the Court of the learned SDJM, Nuapada. 2. The petitioner had approached the learned Sessions Judge, Nuapada in BLAPL No. 150 of 2025 praying for grant of bail. The learned Court below vide its order dated 20.08.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 BNSS, 2023 praying for enlargement on bail. 3. Learned counsel for the petitioner, on instruction from p. 2 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 is that on 07.08.2025 getting information about gambling by means of playing cards and betting money at Mangala Mandirpada of Mundagaon of Khariar Road, the ASI of Police T.K Sahu of Jonk P.S rushed to the spot along with other police staff and found the petitioner along with two others namely Rajesh Keut and Mukesh Sen were playing cards by betting money. He cordoned the players, apprehended them and recovered cash of Rs.3900/- along with some vehicles and playing cards from the spot. Accordingly, he lodged FIR before the IIC of Jonk P.S. 5. Learned counsel for the petitioner submits that the petitioner in judicial custody since 07.08.2025 and he has no criminal antecedents. 6. Learned counsel for the State has not seriously opposed to the prayer for bail of the petitioner. 7. Regard being had to the nature of allegation and the fact that the petitioner is in judicial custody since 07.08.2025, I am inclined to enlarge the accused-Petitioner on bail. 8. 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; p. 3 (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. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok Designation: Secretary