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2025 DAILYLAW 5973 (ORI)

SHAMIR @ SAMEER ANSARI v. STATE OF ODISHA

BLAPL/13484/2025 · 2026-04-30

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13484 of 2025 Shamir @ Sameer Ansari … Petitioner Mr. S.R. Das, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)30.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Plantsite PS Case No.430 of 2023 arising out of GR Case No.2249 of 2023 pending in the Court of learned SDJM, Panposh, Rourkela for commission of offences punishable U/Ss. 349/397/120-B of the IPC, on the main allegation of snatching away gold ornaments from one Pradeep Soni by assaulting him along with co-accused persons pursuant to a conspiracy. 3. Heard, Mr. Soumya Ranjan Das, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 13.08.2025 and the Petitioner having implicated in this case on the basis of statement of co- p. 2 accused Ayusraj Prasad who along with Abhiraj Soni @ Prince having been granted bail by this Court in BLAPL Nos. 4916 and 5419 of 2024 and keeping in view grant of bail to co-accused person Siva Singh in BLAPL No.12378 of 2025 and taking into account the other circumstances on record in entirety and following the well recognized principle “bail is the rule, but jail the exception”, 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 two solvent sureties 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, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court and (iv) the petitioner shall report attendance before the Jurisdictional Police Station p. 3 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 release from the custody. 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. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna