Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.327 of 2025 Santosh Benia @ Sanjaya ..... Petitioner
Represented By Adv. - Dipti Ranjan Bhokta -versus- State Of Odisha ..... Opposite Parties
Represented By Adv. – P.K. Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER 24.01.2025
Order No.
01. 1. This matter is taken up through hybrid mode. 2. This bail application under Section 439 of Cr.P.C., 1973 of the petitioner has arisen out of G.R. Case No.98/2024 in connection with Semiliguda P.S.Case. No. 90/2024 pending in the Court of the learned Nyayadhikari Gram Nyayalaya, Semiliguda, Dist- Koraput. 3. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State. 4. The petitioner is in jail custody since 17.07.2024 having been implicated under Sections 109(l)/126(l)/132/296/351(2)/3(5) of BNS, 2023 on the allegations alleged against him that, on dated
Page 2 of 3. 16/17.07.2024 night, when, the police team of Borigumma P.S. being assisted by the staffs of Semiliguda P.S. had moved to the house of one Sanjay Khara for his apprehension, at that time, the petitioner along with his two co-accuseds i.e Firoj Nag and others abused the Police party members in obscene languages and when, the Police party members tried to apprehend them, then, the petitioner along with his co-accuseds pushed the police team members and threatened to kill them by means of sword, but, the Police team members had managed to escape from the assault of the petitioner and his co-accuseds, then, the police team members apprehended two persons i.e. the petitioner and his one co-accused i.e. Firoj Nag and arrested them and also forwarded them to the Court after booking them with the aforesaid offences and accordingly, since then, he (petitioner) is in jail custody. 5. The co-accused of the petitioner i.e. Firoj Nag, who was arrested from the spot with the petitioner, has already been allowed to go on bail vide order dated 06.12.2024 in BLAPL No.12041 of 2024, for which, I find no justification to disallow the prayer for bail of the petitioner because he (petitioner) deserves for bail on the ground of parity like his co-accused Firoj Nag. 6. Therefore, the bail application filed by the petitioner is allowed. 7. He (petitioner) is allowed to go on bail furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with
Page 3 of 3. two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with conditions that:- (i) he (petitioner) shall not involve with similar nature of crime in future.
(ii) he (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail till its conclusion. (iii) he (petitioner) shall not terrorize, influence, coerce or threat any witnesses of the prosecution including informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court. 8. Accordingly, the bail application of the petitioner is disposed of finally. 9. Grant certified copy of this order to the petitioner on proper application. (ANANDA CHANDRA BEHERA) Judge Utkalika NAYAK Orissa, Cuttack Signature Not Verified