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2025 DAILYLAW 8680 (ORI)

NAG @ SATYAPAL SABAR v. STATE OF ODISHA

BLAPL/655/2025 · 2025-02-04

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.655 of 2025 Nag @ Satyapal Sabar … Petitioner Mr. S. Dwibedi, Advocate -versus- State of Orissa … Opposite Party Mr. S.K. Rout, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 04.02.2025 01. 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 petitioner for grant of bail in connection with Khaprakhol P.S. Case No. 138 of 2023 corresponding to Sessions Case No.51 of 2023 (G.R. Case No.683 of 2023) pending in the file of learned Additional Sessions Judge, Patnagarh for commission of offences punishable under Sections 274/275/276 of the IPC, on the allegation of possessing 11 numbers of Eskuf Cough Syrup sealed bottles and some liquid in separate bottles with three tablets of Pyeevon Spas Plus. 3. Heard, learned counsel for the petitioner and learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record and regard being had to the pre trial detention of the petitioner in custody since 12.08.2023 and the failure of the State to report any criminal antecedent of similar nature against the petitioner and the release of co- accused Kshirasindhu Kanda @ Kshirasindhu @ Beda Kanda on bail in BLAPL No.11026 of 2023, this Court without expressing any opinion on merits of the case, admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each 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 petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay and (iv)the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner 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 petitioner 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