IN THE HIGH COURT OF ORISSA AT CUTTACK Nitikeshan Bishoyi @ Niti (In BLAPL No.12374 of 2024) Krushna Swain @ Kataki (In BLAPL No.12698 of 2024) … Petitioners Mr. S.G. Das, Advocate (In BLAPL No. 12374 of 2024) Mr. J. Sahoo, Advocate (In BLAPL No. 12698 of 2024) -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 20.03.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Digapahandi PS Case No.306 of 2024 corresponding to GR Case No.1666 of 2024 pending in the file of learned SDJM, Berhampur for commission of offences punishable Under Sections 126(2)/ 296/ 324(4)/ 115(2)/ 118(1)/ 118(2)/109/351(2)/3(5) of BNS, on the main allegation of assaulting the injured by means of a sword causing five lacerated injuries on his person. 4. Heard, Mr. Siddharth Goutam Das, learned counsel for the Petitioner in BLAPL No.12374 of 2024, Mr. Jyotirmay Sahoo, learned counsel for the Petitioner in BLAPL No.12698 of 2024 and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 10.08.2024 with submission of charge sheet in the meanwhile and taking into account the other circumstances on record in entirety including the nature of injuries sustained by the injured and following the well recognized principle “bail is the rule, but jail is the exception”, this Court without expressing any view on merits admits the Petitioner to bail. 6. Hence, these two bail applications of the petitioners namely Nitikeshan Bishoyi @ Niti in BLAPL No.12374 of 2024 and Krushna Swain @ Kataki in BLAPL No.12698 of 2024 stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS,2023 in accordance with law, (iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay to the concerned Court, (iv) the petitioners shall not contact or influence the injured or visit to his house or street till disposal of the case and (v) the petitioners 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 petitioners unnecessarily after recording their 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 petitioners 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 petitioners 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, these BLAPL Nos. 12374 and 12698 of 2024 stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit