p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9440 of 2025 Bidya Katari …. Petitioner(s) Mr. Bijaya Kumar Behera 1, Adv. -versus- State of Odisha …. Opposite Party(s) Smt. Sarita Moharana, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 23.09.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0083 13.03.2025 Patnagarh G.R. Case No.301 of 2025 arising out of Patnagarh P.S. Case No.83 of 2025 pending in the court of learned Additional Sessions Judge, Patnagarh Sections 137(2), 140(2) and 351(3) of the Bharatiya Nyaya Sanhita 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with G.R. Case No.301 of 2025 arising out of Patnagarh P.S. Case No.83 of 2025 pending in the court of learned Additional Sessions Judge, Patnagarh registered for the alleged commission of offences under Sections 137(2), 140(2) and Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2025 20:09:28 Signature Not Verified p. 2 351(3) of the Bharatiya Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that on 13.03.2025 at about 9.00 A.M. while the informant was not there in her house, the present Petitioner kidnapped her minor son. Accordingly, an F.I.R was lodged in the local Police Station. Upon lodging of the F.I.R and completion of investigation, the Petitioner was taken into custody and has been languishing in custody since 14.03.2025. 5. Learned counsel for the Petitioner contends that the Petitioner has been entangled in this case due to some previous enmity. This case has been colored as a kidnapping case. The Petitioner was never engaged in any kind of kidnapping. He has never threatened the informant or her family members in any way. Charge- sheet has already been filed. Learned counsel for the Petitioner, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. She further contends that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2025 20:09:28 Signature Not Verified p. 3 the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight on Monday between 10.00A.M. to 1.00 P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court below on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; v. the Petitioner shall not threaten the informant or her family members in any manner; vi. the Petitioner shall plant 100 saplings of local variety like mango, neem, tamarind etc. in and around his village over the 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. 9. 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. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2025 20:09:28 p. 4 10. 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. 11. 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 will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. 12. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant