Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12788 of 2024
Santosh Patra @ Santu
…. Petitioner
Mr. B.K. Swain, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. P. Satpathy, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 04.02.2025
02. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with C.T. Case No.790 of 2024 pending in the file of learned J.M.F.C.(Cog.-I), Bhubaneswar corresponding to Airfield P.S. Case No.248 of 2024 on the grounds stated. 3. Perused the rejection order as at Annexure-1. A copy of the comprehensive affidavit is produced in Court today by learned counsel for the petitioner stating therein the details of the criminal cases pending and disposed of vis-à-vis the petitioner. It is submitted that the affidavit was filed on 24th January, 2025 which is, however, not available in the Court’s brief. Referring to the said affidavit, it is further submitted that in some cases mentioned therein, the petitioner stands acquitted and in few other, he has been granted bail and in so far as the present case is concerned, he is in custody from 7th September, 2024. With the above submission referring to p. 2 the comprehensive affidavit dated 24th January, 2025, learned counsel for the petitioner submits that the accused should be released on bail as all the offences are triable by a Magistrate First Class. 4. Recorded the objection of Mr. Satpathy, learned ASC for the State, as according to whom, the petitioner is an anti-social and having criminal cases to his credit, hence, not to be released. 5. From the rejection order as at Annexure-1, the Court finds that the chargesheet is filed in the meantime. The release of the petitioner has been denied by learned court below for the reason of him having criminal antecedents. However, considering the comprehensive affidavit dated 24th January, 2025 and the fact that in some case, the petitioner has been acquitted with other details provided, the Court, having regard to the same, is of the view that he should be allowed to go on bail with stringent conditions. 6. Accordingly, 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.790 of 2024 arising out of Airfield P.S. Case No.248 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) each with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.(Cog.-I), Bhubaneswar, who shall impose such other suitable conditions besides the following, such as, he shall submit an undertaking before the learned court below to the effect that he shall not involve himself in any such similar criminal activities after being released and shall not terrorize the informant and other p. 3 material witnesses connected to the alleged incident, in any manner, whatsoever, while on bail. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge
TUDU