MANOJ KUMAR DHALA @ MANOJ KUMAR DHAL @ TIKINA v. STATE OF ODISHA
BLAPL/9726/2025 · 2025-09-24
S K Panigrahi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57793 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57793 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
s IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9726 of 2025 Manoj Kumar Dhala@ Manoj Kumar Dhal @ Tikina
..…... Petitioner
Mr. Jaydeep Pal, Advocate -Versus-
State of Odisha
…. Opposite Parties Ms. Gayatri Patra, 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 263 10.07.2025 Sundargarh Town G.R.Case No.1007 of 2025, pending in the Court of learned SDJM, Sundargarh U/S. 126(2), 296, 109, 324(4) and 3(5) of the BNS 2023
1. This matter is taken up through hybrid arrangement.
2. The petitioner being in custody in connection with Sundargarh Town P.S. Case No. 263 of 2025, corresponding to G.R. Case No.1007 of 2025, pending in the Court of learned SDJM, Sundargarh, registered for the alleged commission of offences Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Sep-2025 16:32:30 Signature Not Verified
under Sections 126(2), 296, 109, 324(4) and 3(5) of the BNS 2023, has filed this petition for his release on bail.
3. The brief fact of the case is that one Sonu Mahato lodged a written report before the IIC Town P.S, Sundargarh that on 10.07.2025 at about 01.30 A.M the informant along with Pradeep Ganju, Binay Bhusan Barik, Md. Sharjul and Sanjay Bhainsal were returning from Mundapada to their house. Near Rangadhipa Chowk, one Manoj Dhal (the present petitioner), Ajit Mohanty, Kantu Pasayat @ Soumya Pattayat, Mihir Dhal, Ktish Sahu and owner of Ajanta Mobile Shop i.e. Md Arshlaan Karim detained the informant's car bearing No. OD 16B 7926 and abused the informant and other people present with him, in filthy languages and assaulted them by means of slap kicks and blows and also by means of Brick, Iron Rod, and belcha, with an intention to kill. As a result, Md. Shajrul, sustained injury on his head. It is also alleged that the accused persons/petitioners, threatened them with dire consequences. They also threatened the informant to damage his Motor Car. Hence this FIR.
4.
Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 10.07.2025. He further submits that the present petitioner had neither abused in obscene languages nor did he assault the informant or anyone. The Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Sep-2025 16:32:30 Signature Not Verified
petitioner is an innocent person. He is falsely implicated in this case due to previous rivalry. The present FIR is lodged with an oblique motive to harass the petitioner. He further submits that the informant and his friends had assaulted the other accused persons. But, just to harass the present petitioner, the informant had implicated the present petitioner in this case. In view of all these above, when the Petitioner is a permanent resident of District Sundargarh as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner.
5.
Learned counsel for the State vehemently opposes the prayer for bail.
6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter in the aforesaid case on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the submission of charge sheet; Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Sep-2025 16:32:30 Signature Not Verified
ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence 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 land for the plantation.
Violation of any of the above conditions shall lead to the cancellation of the bail.
7. 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 as required.
8. It is further directed that the petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain them for a period of two years.
9. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.
10. The BLAPL is, accordingly, disposed of.
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(Dr. Sanjeeb K Panigrahi)
Judge Gitanjali