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2025 DAILYLAW 59082 (ORI)

SOMANATH @ SHYAMA ROUT v. STATE OF ODISHA

BLAPL/10008/2024 · 2025-01-24

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10008 of 2024 Somanath @ Shyama Rout …. Petitioner Mr. M.K. Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.01.2025 06. 1. Heard Mr. Chand, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.672 of 2024 pending in the file of learned S.D.J.M., Khurda arising out of Khurda Model P.S. Case No.184 of 2024 on the grounds stated therein. 3. Perused the rejection order as at Annexure-1. The petitioner is alleged of having committing theft in the shop of the informant with the removal of cash of Rs.1.65 lac but as submitted, the same has not been recovered from him. It is further submitted that the petitioner is having no other antecedent except the present case. It is also submitted that since the chargesheet is already filed in the month of October, 2024, the accused should be released on bail. 4. Learned ASC for the State opposed release of the petitioner on bail, since he was found to be culprit having committed the theft and admitted to have agreed to return the amount with the execution of a document styled as ‘NISPATI PATRA’. The mischief of the petitioner, as further submitted, has been revealed upon p. 2 verification of the CCTV footage, which has been seized during investigation, hence, the petitioner should not be granted bail. 5. The document nomenclatured as ‘NISPATI PATRA’ dated 16th August, 2024 is claimed to have been obtained from the petitioner by coercion. The involvement of the petitioner is also disputed even though, the CCTV footage has been seized. The record reveals that from the physical gesture and appearance, the involvement of the petitioner was revealed upon going through the CCTV footage. As such, there has been no recovery made in the case at hand. Save and except, such admission of guilt in presence of the members of the local market committee, upon denial of such mischief and though the CCTV footage has been seized in the meantime, the Court, under the circumstances narrated before, inclined to allow the petitioner to go on bail with following conditions. 6. Hence, it is ordered. 7. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No.672 of 2024 arising out of Khurda Model P.S. Case No.184 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of learned S.D.J.M., Khurda, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram