IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10062 of 2025 Harekrushna Upadhaya @ Harekrushna Upadhyaya @ Padhia Nana ..…... Petitioner(s) Mr. Rajendra Narayan Rout, Adv. -Versus- State of Odisha ………. Opposite Party(s) Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 26.09.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 549 19.07.2025 Soro C.T. Case No.1093 of 2025 pending in the court of learned J.M.F.C., Soro Sections 281 BNS, 2023 read with Section 4/5/6 of Explosive Substance Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 30-Sep-2025 15:48:44 Signature Not Verified 3. The Petitioner being in custody in Soro P.S. Case No. 549 of 2025 corresponding to C.T. Case No.1093 of 2025 pending in the court of learned J.M.F.C., Soro, registered for the alleged commission of offences under Sections 281 BNS, 2023 read with Section 4/5/6 of Explosive Substance Act, has filed this petition for his release on bail. 4. The brief fact of the case is that while the informant was performing patrolling duty, he received information that one white colour Mahindra Pick up van bearing Registration No.OD-01U-0917 met with an accident at Alipur chhack near Talanagar. He rushed to the spot along with his staff and found that the vehicle loaded with explosive materials was in damaged condition. Then, he searched the vehicle and found 50 boxes each containing 200 pcs. of gelatin explosive, 5 plastic jari bags containing 1995 pcs. of gelatin stick and 10 boxes of cordex wire each containing 1500 mtrs. Then, he brought the materials to the Police Station for safe custody. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the offences as alleged by the prosecution in any manner. He further submits that the Petitioner has been implicated in this case based on the confessional statement of the co-accused persons. The Petitioner Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 30-Sep-2025 15:48:44 Signature Not Verified is in custody since 29.08.2025. Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 30-Sep-2025 15:48:44 Signature Not Verified 8. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not. 10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years. 11. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: Personal Assistant