Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.503 of 2025
Mahendra Behera …. Petitioner
Mr. Rajendra Narayan Rout, Advocate -versus- State of Odisha …. Opp. Party
Mr. Jateswar Nayak, Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER
07.02.2025
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 under section 483 of BNSS in connection with Kodala P.S. Case No.101 of 2014 corresponding to Sessions Trial No.235 of 2024 pending in the file of learned Addl. Sessions Judge, Kodala, Ganjam for alleged commission of offences under sections 147/148/307/324/326/506/149 of the Indian Penal Code, section 9(B) of Indian Explosives Act and sections 3/5 of the Explosive Substances Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Kodala Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 Signature Not Verified
vide order dated 03.01.2025.
Learned counsel for the petitioner submitted that in connection with this case, another case was instituted in which the petitioner has been enlarged on bail by this Court in BLAPL No.500 of 2025 vide
order dated 31.01.2025 and he has produced the bail
order copy, which is taken on record.
Learned counsel for the petitioner further submitted that the petitioner was on bail and he was all along taking steps in the case but due to non- taking of steps on the date fixed, non-bailable warrant of arrest was issued against him on 22.03.2024 by the learned J.M.F.C., Kodala and he was apprehended by police and produced before the Court on 30.11.2024 and since then, he is in judicial custody.
Learned counsel further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail and submitted that the petitioner has got three criminal antecedents and one case was instituted recently on 29.11.2024 under Magistrate triable offences.
Considering the submissions made by the
learned counsel for the respective parties, the fact Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 Signature Not Verified
that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner. pe Let the petitioner be released on bail in the aforesaid case on furnishing of 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 terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge Sipun
ORISSA, CUTTACK