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2025 DAILYLAW 56802 (ORI)

MAHANTA VAISHNAV PURI, @ KHUMBA SUBUDHI @ T. TUMBANATH SUBUDHI @ TUMBA BAISHNAB PURI v. STATE OF ODISHA

BLAPL/9718/2025 · 2025-09-24

S K Panigrahi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9718 of 2025 Mahanta Vaishnav Puri @ Khumba Subudhi @ T. Tumbanath Subudhi @ Tumba ..…... Petitioner(s) Mr. Satyabrata Panda, Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. Rajdeep Pradhan, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 24.09.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 0109 04.11.2024 Singhad wara S.T. Case No.92/572 of 2025 arising out of Singhadwara P.S. Case No.0109 of 2024 pending before the learned A.D.J.-III, Puri Sections 126(2)/296/115( 2)/351(3)/109/3 08(4)/3(5) of B.N.S., 2023 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 2 p. 2 3. The petitioner, currently in judicial custody in connection with S.T. Case No.92/572 of 2025 arising out of Singhadwara P.S. Case No.0109 of 2024 pending before the learned A.D.J.-III, Puri, registered for alleged offences under Sections 126(2)/296/115(2)/351(3)/109/308(4)/3(5) of B.N.S., 2023, has filed the present application seeking release on bail. 4. The prosecution case in brief is that on 04.11.2024, Shree Jagannath Temple Administrator, Puri lodged complaint basing upon the written allegation of the JTP Sudarshan Sahoo that while the said Sudarshan Sahoo was going to his duty at Shree Jagannath Temple at 05.00 A.M., the accused person wrongfully restrained him, abused in obscene languages, voluntarily causing hurt and attempted him by means of wooden flank. Hence, the F.I.R. 5. Learned counsel for the petitioner submits that the Petitioner has been entangled in this case as per the malafide intention of the I.O. In the meantime, the investigation has been completed and the charge sheet has been submitted. It is further submitted that the petitioner has been in judicial custody since 22.05.2025. Accordingly, it is prayed that the Petitioner be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 3 p. 3 7. Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand as well as the period of detention of the Petitioner in custody and the factum of release of the co-accused persons on bail, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deems just and proper by the learned court in seisin over the matter with further conditions that:- 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. 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. 4 p. 4 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. 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