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2025 DAILYLAW 61398 (ORI)

MANOJ SUTAR v. STATE OF ODISHA

BLAPL/11330/2024 · 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.11330 of 2024 Manoj Sutar …. Petitioner Mr. R.L. Pattnaik, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.01.2025 05. 1. Heard Mr. Pattnaik, 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.928 of 2023 pending in the file of learned S.D.J.M., Malkangiri arising out of Malkangiri P.S. Case No.759 of 2023 on the grounds stated therein. 3. Perused the F.I.R., and rejection order as at Annexures-1 and 2 respectively. 4. Learned counsel for the petitioner submits that the allegation of having received an amount of Rs.4 lac from the informant is a falsehood as a sum of Rs.50,000/- only was transferred to the account of the petitioner. It is further submitted that in one more case, the petitioner has been granted bail by the Courts’ order dated 15th January, 2025 in BLAPL No.11044 of 2024. It is, with such submission, learned counsel for the petitioner pleads for release of the accused on similar terms and conditions. 5. Mr. Acharya, learned ASC for the State objects to release of the petitioner on bail since having number of criminal antecedents. p. 2 6. In course of hearing, it is informed to the Court by Mr. Mr. Pattnaik, learned counsel for the petitioner that the investigation is concluded with the submission of chargesheet in the meantime. Considering the above facts and submissions and since the investigation is over, recording the objection of the learned ASC for the State, according to the Court, the petitioner, who has remained in custody, since the date of his arrest, should be allowed to go on bail with following conditions. 7. Hence, it is ordered. 8. 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.928 of 2023 arising out of Malkangiri P.S. Case No.759 of 2023 subject to him furnishing a bail bond of Rs.40,000/-(rupees thirty thousand) with two solvent sureties (one of whom to be the local resident) for the like amount each to the satisfaction of learned S.D.J.M., Malkangiri, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides to deposit a cash security of Rs.1 lac to be kept in a fixed deposit in any nationalized bank for a period of six months renewable from time to time, disbursement of which, would be on the orders of the Court below. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram