Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9581 of 2024
Golakha Bihari Jena @ Babula
… Petitioner
Mr. D. Mohapatra, Advocate
-versus- State of Odisha … Opposite Party Mr. A.K. Apat, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 17.03.2025
04.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Maitri Vihar PS Case No.124 of 2024 corresponding to Crl. Trial No.151 of 2024 (Case No.514 of 2024) pending in the file of learned District & Sessions Judge, Khurda at Bhubaneswar, for commission of offences punishable under Section 302 of IPC, on the main allegation of committing uxoricide.
3. Heard, Mr. Debidutta Mohapatra,
learned counsel for the petitioner and Mr. A.K. Apat, learned Additional Public Prosecutor in the present matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and p. 2 regard being had to the pre-trial detention of the petitioner in custody since 14.03.2024 with commencement of trial with examination of ten witnesses, but none of the witnesses having whispered anything against the petitioner and taking into account the other circumstance on record in entirety, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law and
(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. Page 3 of 3
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.
In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer