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2025 DAILYLAW 63307 (ORI)

RAMBILASH TANDI v. STATE OF ODISHA

BLAPL/11955/2024 · 2025-02-07

Miss Savitri Ratho

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Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 11955 of 2024 Rambilash Tandi ….. Petitioner Mr. M.K. Panda, Advocate Vs. State of Odisha ….. Opp. Party Ms. Siva Mohanty, A.S.C. CORAM: JUSTICE SAVITRI RATHO ORDER 07.02.2025 Order No. 04. (Through hybrid mode) 1. This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Jonk P.S. Case No. 200 of 2023 corresponding to C.T. No. 545 of 2023 pending in the Court of the learned S.D.J.M., Nuapada where charge sheet has been submitted against the petitioner Rambilas Tandi and co-accused Manab Bag under Sections 341, 147, 148, 294, 324, 323, 307, 149 of IPC and against co-accused Amit Tandi, Neeraj Chhura, Prithwi Mahananda under Section 341, 147, 148, 294, 323, 307, 149 of IPC and against two CCLs under Section 341, 147, 148, 294, 323, 307, 149 of IPC. 2. Mr. M. K. Panda, learned counsel for the petitioner submits that in the first application BLAPL No. 11173 of 2023, by order dated 13.10.2023, the petitioner’s prayer for bail had been allowed. Page 2 of 3 Thereafter, after the case was committed, on account of communication gap with his lawyer and his own illness the petitioner could not appear before the Court for which NBW has been issued against him on 03.08.2024 and the same was executed on 23.10.2024. Referring to the rejection order, he submits that other accused persons are yet to be apprehended while the petitioner is in custody. Considering his age (20 years), his prayer for bail may be sympathetically considered. 3. Ms. Siva Mohanty, learned Additional Standing Counsel opposes the prayer for bail saying that the petitioner is likely to abscond if released on bail. 4. Although I am not inclined to release the petitioner on bail,, but considering the fact that his earlier prayer for bail has been allowed and submission of the learned counsel for the petitioner that on account of illness, the petitioner could not remain personally present in the Court below or appear before the police station, I am inclined to allow the prayer for bail, but subject to stringent condition. 5. The petitioner- Rambilash Tandi shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He shall furnish cash surety of Rs.20,000/- (Rupees p. 3 Twenty Thousand). (ii) He will not indulge in any criminal activity while on bail. (iii) He will not threaten or try to influence prosecution witnesses while on bail. (iv) He will remain present in the trial Court on each date fixed for trial (v) After his release he will report before the Jonk Police Station once every alternative Sunday between 3.00 p.m. to 5.00 p.m. till conclusion of the trial. 6. Violation of any condition will entail in cancellation of bail. 7. The BLAPL is accordingly disposed of. 8. Urgent certified copy of this order be granted on proper application. 9. A copy of this order be supplied to Ms. Siva Mohanty, learned Additional Standing Counsel for onward transmission to the I.I.C., Jonk Police Station. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer