IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12523 of 2024 Suresh Patra …. Petitioner Mr. B.P.Chhualsingh, Advocate -Versus- State of Odisha …. Opposite Party Mr. D.K.Sahoo, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.01.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 439 Cr.P.C. is filed by the petitioner for release of the petitioner on bail in connection with S.T. Case No. 15 of 2022 corresponding to C.T. Case No. 87 of 2021 arising out of Tumudibandha P.S. Case No.66 of 2021 pending in the file of learned Additional District & Sessions Judge, Balliguda, Kandhamal on the grounds stated. 3. Learned counsel for the petitioner submits that the petitioner defaulted in appearance and failed to comply the Court’s order in BLAPL No.9518 of 2021, hence, NBWA was issued against him and was subsequently arrested and he is in custody since 26th April, 2024 and as he has already been adequately penalized, the Court should allow him to go on bail on any terms and conditions. kabita 4. An objection received from Mr. Sahoo, learned AGA for the State for the fact that there has been disobedience of the conditions imposed by the Court. 5. Admittedly, the petitioner was on bail by the Court’s order in BLAPL No. 9518 of 2021 as at flag-A. 6. The petitioner defaulted in appearance on the date fixed, as a result of which, NBWA was issued, later to which, he was apprehended and since the date of arrest, is in judicial custody. In the considered view of the Court, the petitioner for the alleged default has been sufficiently penalized and he must have understood the rigour of law, hence, therefore, should be enlarged on bail subject to the following conditions. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with in connection with S.T. Case No. 15 of 2022 corresponding to C.T. Case No. 87 of 2021 arising out of Tumudibandha P.S. Case No.66 of 2021 with suitable conditions to be fixed by learned Additional District & Sessions Judge, Balliguda, Kandhamal besides the following, such as, he shall remain physically present on each dates of posting of the case till closure of the trial. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge