Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12739 of 2024
Pravat Naik
… Petitioner
Mr. B.B. Swain, Advocate
-versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 22.04.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Talcher PS Case No.697 of 2022 corresponding to CT(S) Case No.25 of 2023 pending in the file of learned Addl. Sessions Judge, Talcher, for commission of offences punishable under Sections 457/395 of IPC, on the allegation of committing dacoity from the house of the informant by taking away valuables. 3. Heard, Mr. Bibhuti Bhusan Swain, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 4. The main ground under which the bail application of the petitioner has been pressed is release of rest of the five co-accused persons on bail. Page 2 of 3
5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences vis-à-vis the allegations sought to be brought against the petitioner and regard being had to the pre-trial detention of the petitioner in custody since 23.12.2022 and taking into account the other circumstances on record in entirety including the FIR being lodged against unknown persons and release of co-accused Tabu Khan, Biki @ Bikash Naik, Alok Bhutia, Babul @ Situ Naik and Chandu @ Chandramani Naik on bail in BLAPL Nos.11853 of 2024, 11294 of 2024, 5522 of 2023, 3722 of 2023 and 12180 of 2023, this Court without expressing any view on merits admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only 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 petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.
In case the Petitioner fails without sufficient cause to appear in the Court in accordance
with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and
(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(3) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner 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 petitioner 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, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge Subhasmita Designation: Sr. Stenographer