BALIA @ BALARAM @ BALADEV MALLIK v. STATE OF ODISHA
BLAPL/12849/2024 · 2025-04-23
Gourishankar Satapathy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65521 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65521 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12849 of 2024
Balia @ Balaram @ Baladev Mallik and another
… Petitioners
Mr. B.S. Mishra, Advocate
-versus- State of Orissa … Opposite Party Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 23.04.2025
02. 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 petitioners for grant of bail in connection with Ramachandrapur PS Case No.450 of 2024 corresponding to CT Case No.2157 of 2024 pending in the file of learned SDJM, Jajpur, for commission of offences punishable under Section 310(2) of BNS r/w Section 25 of Arms Act, on the main allegation of snatching away cash of a sum of Rs.26,000/- from the informant. 3. Heard, Mr. Bhabani Sankar Mishra, learned counsel for the petitioners appearing virtually and Mr. A. Pradhan, learned Additional Public Prosecutor in the present matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of
the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 14.08.2024 and FIR being lodged against unknown persons and taking into account the mode and manner of implication of the present petitioners in this case as well as release of co- accused Satura @ Balaram Mallik on bail in BLAPL No.9072 of 2024, this Court without expressing any view on merits admits the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties 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 is 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 and
(iv) the petitioners 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(03) months from the actual date of their 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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer