p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12213 of 2024 Pinku Tarei … Petitioner Mr. O.P. Saran, Advocate -versus- State of Odisha … Opposite Party Mr. A. Pradhan, Addl.PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 05.04.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Motanga PS Case No.303 of 2023 arising out of CT (SS) Case No.126 of 2024 pending in the Court of learned Sessions Judge, Dhenkanal for commission of offences punishable U/Ss. 302/201 of IPC, on the main allegation of committing murder of the deceased Bishnu Prasad and disposing the dead body along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Om Prakash Saran, learned counsel for the petitioner and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 4. At the outset, Mr. Saran, learned counsel for the petitioner apprises this Court that this is the 2nd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Page 2 of 3 5. 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 05.01.2024 with submission of charge sheet and trial having commenced in the meanwhile and the main allegation of giving fatal blows to the deceased being directed against co-accused Dasia who is not before this Court in this bail application and taking into account the other circumstances on record in entirety including the well recognized principle “bail is the rule, but jail is the exception”, this Court considers it proper to grant bail to the Petitioner. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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 p. 3 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 once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) 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. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit