Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9404 of 2025
Debu Rajbanshi ..... Petitioner
Represented By Adv. - Judhisthir Sahoo -versus-
State Of Odisha ..... Opposite Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 25.09.2025
Order No.
02.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the application as well as the FIR and the case diary.
3. The present bail application under Section 483 of BNSS, has been filed by the Petitioner for regular bail relating to Berhampur G.R.P.S. Case No.83 of 2025, corresponding to G.R. Case No.1299 of 2025, pending before the learned S.D.J.M., Berhampur, for alleged commission of offence punishable under Sections 336(3), 340(2), 318(4) & 3(5) of BNS.
4.
Learned counsel for the Petitioner at the outset contended that the Petitioner, who is a citizen of Nepal, is languishing in custody since 25.05.2025. He further contended that as per the prosecution
Page 2 of 3. allegation the Petitioner purchased a train ticket on the basis of fake aadhaar card which was issued by some agent. He further contended that the Petitioner, who is a poor person has come to India in search of job and he has been victimized by the travel agency. He further contended that the investigation has already been concluded and the charge-sheet has already been filed in the meantime. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner is ready and willing to abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand initially objected the release of the Petitioner on bail. He further submitted an instruction from the I.O.-cum-O.I.C., Berhampur GRPS dated 24.09.2025 before this Court. On perusal of the instruction, it appears that the I.O. has mentioned that no police remand of the Petitioner is required for the purpose of investigation at this stage. It has also been stated that further custodial interrogation of the Petitioner is not considered necessary. In view of the aforesaid position, learned counsel for the State contended that in the event this Court is inclined to release the Petitioner on bail, then stringent conditions be imposed, whereby the Petitioner shall appear before the trial Court and cooperate with the trial.
6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding
facts and circumstances of the present case, further taking into
consideration the gravity and seriousness of the allegation and the period of custodial detention of the Petitioner, this Court is inclined to release the Petitioner on bail subject to the Petitioner furnishing
Page 3 of 3. bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as is deemed just and proper by the court in seisin over the matter. While imposing such conditions, the learned trial Court shall also impose a condition whereby the Petitioner shall not leave India till conclusion of the trial. Further, it is made clear that violation of any of the terms and conditions shall entail cancellation of bail.
7. Accordingly, the BLAPL stands allowed.
Issue urgent certified copy as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout