Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13044 of 2024 Sabita Sabara @ Sabita Sabar
….
Petitioner
Mr. S.K. Baral, Advocate -versus- State of Odisha …. Opp. Party
Mr. Jateswar Nayak Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 03.01.2025
01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application for bail under section 483 of BNSS in connection with Khallikote P.S. Case No.1009 of 2024 corresponding to G.R. Case No.2396 of 2024 pending in the file of learned J.M.F.C., Khallikote for alleged commission of offences under sections 274/275/3(5) of BNS read with sections 52(a)/ 52(c)/55(b) of Orissa Excise Act.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Khallikote vide
order dated 19.12.2024.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13.12.2024 and she is a permanent resident of village- Gunduripalli, P.S.-Khallikote in the district of Ganjam and the investigation has made substantial progress and since there was protest against the outrageous activities of the police, false cases against the villagers were instituted and the petitioner is a lady and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that huge quantity of liquor has been seized from the possession of the petitioner and the investigation is at a nascent stage and therefore, the petitioner should not be released on bail.
Considering the submissions made by the
learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and keeping in view the proviso to section 480(1) of BNSS, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the
satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall appear before the Inspector in-charge of Khallikote police station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m. for a period of three months, shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge Sipun
Designation: Senior Stenographer