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2025 DAILYLAW 64205 (ORI)

SURYAKANTA PRADHAN v. STATE OF ODISHA

BLAPL/12445/2024 · 2025-01-29

R K Pattanaik

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12445 of 2024 Suryakanta Pradhan …. Petitioner Mr. S. Panigrahi, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 29.01.2025 02. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed seeking release of the petitioner on bail in connection with C.T. Case No.1298 of 2024 pending in the file of learned J.M.F.C.-IV, Bhubaneswar corresponding to Badagada P.S. Case No.722 of 2024 on the grounds stated. 3. Perused the rejection order as at Annexure-1 and the FIR i.e. Annexures-2. 4. Mr. Panigrahi, learned counsel for the petitioner submits that the petitioner is having no other criminal antecedent and in so far as two of the accused persons allegedly involved in the occurrence have been granted bail and considering the same, the petitioner should be released on similar terms and conditions which is objected to by Mr. Satpathy, learned ASC for the State in view of the gravity of the offences alleged. 5. Gone through the FIR i.e. Annexure-2. The allegation is against some of the miscreants for having committed the mischief. Page 2 of 2 The petitioner is shown to be involved in the alleged incident with others. Two of the accused persons, namely, Pawan Kumar and Mangesh Kumar Mahala are on bail by Court’s order in BLAPL No.12998 of 2024 and BLAPL No.222 of 2025 as at flag-A. Since, the allegation is that the accused persons committed the overt acts and removed cash of Rs.15,000/- and with two other valuables and as it is claimed that there has been no recovery from the petitioner except a cash of Rs.850/-, recording such submission of Mr. Panigrahi, learned counsel appearing for him, the Court is of the view that parity should be extended and the petitioner should be allowed to go on bail on similar conditions. 6. Hence, it is ordered. 7. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.1298 of 2024 arising out of Badagada P.S. Case No.722 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 the learned J.M.F.C.-IV, Bhubaneswar, who shall be at liberty to impose such other suitable conditions besides the following, such as, he shall not involve himself in similar offence, while on bail. This Court further directs that the release of the petitioner shall be subject to verification and absence of any criminal antecedent against the petitioner of similar nature. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer