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2025 DAILYLAW 72003 (ORI)

KIRAN KUMAR BARIK v. STATE OF ODISHA

BLAPL/12786/2024 · 2025-01-03

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12786 of 2024 Kiran Kumar Barik ..... Petitioner Represented By Adv. - Debashis Routray -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.01.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 483 of the B.N.S.S. filed by the Petitioner for bail in connection with GR Case No. 1705/2024 corresponding to Balianta PS Case No.430 of 2024 pending in the Court of the learned J.M.F.C.(O), Bhubaneswar for alleged commission of offence under Section 115 (2), 121 (1), 126 (2), 132, 3 (5), 324 (4), 324 (5), 351 (2) and 351 (3) of the Bharatiya Nyaya Sanhita (BNS), 2023. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 25.11.2024. He further contended that in the meantime Page 2 of 4. investigation has progressed substantially. Further, referring to the allegation made in the F.I.R., learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. He further contended that the petitioner is having similar criminal antecedents. He further contended that the petitioner belongs to the locality therefore there is no chance of his absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Standing Counsel on the other hand submitted that the investigation is still on. He opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions: I) he shall not indulge in similar criminal offences; II) shall cooperate with investigation; III) shall appear before the I.O. as and when required Page 3 of 4. for the purpose of investigation; and IV) shall appear before the Trial Court on each and every date fixed. V) shall appear before the local P.S. once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of four months and thereafter once in a month till the conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail. 7. It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.6,000/- (Rupees Six Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 8. It is further directed that the release of the petitioner on bail subject to verification of criminal antecedents. In the event it is found that the Petitioner is having more than six criminal antecedents of similar nature, this order shall automatically stand revoked. 9. BLAPL is accordingly disposed of. 10. Issue urgent certified copy as per Rules. RKS ( A.K. Mohapatra ) Judge Page 4 of 4. Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Jan-2025 17:35:44