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2025 DAILYLAW 55348 (ORI)

GYANENDRA KUMAR ROUTRAY v. STATE OF ODISHA

BLAPL/9170/2025 · 2025-09-22

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9170 of 2025 Gyanendra Kumar Routray ..…... Petitioner(s) Mr. Alok Kumar Mohapatra. Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. Debasis Nayak, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 22.09.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 0013 23.01.2025 Madhupa tna Madhupatna P.S. Case No.13 of 2025 dated 23.01.2025 corresponding to G.R. Case No.63 of 2025 pending before the learned J.M.F.C.- Sections 420/109/34 of I.P.C. IV (Cognizance Taking), Cuttack 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The petitioner, currently in judicial custody in connection with Madhupatna P.S. Case No.13 of 2025 dated 23.01.2025 corresponding to G.R. Case No.63 of 2025 pending before the learned J.M.F.C.-IV (Cognizance Taking), Cuttack, registered for alleged offences under Sections 420/109/34 of I.P.C., has filed the present application seeking release on bail. 4. The prosecution story in brief is that the Petitioner being the son of Late Gajendra Kumar Routray allegedly obtained a legal heir certificate by deleting the name of his deceased elder sister Geetanjali Routray @ Pradhan. On the strength of the said certificate, he executed a registered sale deed jointly with his sisters in favour of his wife. The prosecution alleges that the said certificate was forged and the Petitioner thereby cheated other legal heirs of the deceased. 3 5. Learned counsel for the petitioner submits that the Petitioner has no criminal antecedent and the co-accused person has already released on bail. It is further submitted that the Petitioner is in custody since 10.08.2025. . Accordingly, it is prayed that the Petitioner be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail. 7. Considering the facts and submissions made and since this case arises out of a civil dispute, this Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter in the aforesaid case in such terms and conditions as deems fit and proper by it with the following conditions as follows:- i. The petitioner shall appear before the trial court on each date of posting of the case. ii. The petitioner shall not indulge himself in any criminal offence while on bail. iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner. 4 iv. The Petitioner, shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. 8. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. 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. 5 10. 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 plants for two years. 11. The BLAPL is accordingly disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sumitra