Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 8475 (ORI)

SURJYA NAIK @ SURYA NAIK v. STATE OF ODISHA

BLAPL/217/2025 · 2025-01-09

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.217 of 2025 Surjya Naik @ Surya Naik & another …. Petitioners Mr. J. Panda, Advocate -Versus- State of Orissa …. Opposite Party Mr. R.Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.01.2025 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with 2(b) CC Case No.01 of 2024 pending in the file of learned J.M.F.C., Muniguda corresponding to O.R. No.133 of 2024-25 on the grounds stated. 3. Perused the offence report as at Annexure-1 series. 4. It is submitted by learned counsel for the petitioners that petitioner No.2 managed to collect the elephant tusks and was trying to dispose it of with the assistance of petitioner No.1. It is further submitted that the forest team was attacked by the residents of a village, while being accompanied by petitioner No.2. It is submitted that none of the petitioners are having any criminal antecedent and hence, first-time offenders. Page 2 of 2 5. Recorded the objection of Mr. Pradhan, learned ASC for the State, as according to whom, the petitioners are involved in organized crime. 6. Having regard to the above facts and submissions of learned counsel for the respective parties and since elephant tusks have been recovered and seized and that the petitioners claimed of having no other criminal antecedent, though, the final P.R. is not yet submitted, the Court, considering the fact that the accused persons to be local residents and not outsiders, is of the view that they should be allowed to go on bail subject to following conditions. 7. Hence, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to be released on bail in connection with 2(b) CC Case No.01 of 2024 arising out of O.R. No.133 of 2024-25 subject to them furnishing bail bonds of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned J.M.F.C., Muniguda, who shall be at liberty to impose such other suitable conditions besides the following, such as, they are to report the concerned IO for the purpose of investigation as and when called upon, till the same is concluded and to submit at the PS an undertaking to the effect that they shall not be involved in such nefarious activities in future, while on bail. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. kabita (R.K. Pattanaik) Judge