p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL Nos.3033 & 3630 of 2026 In BLAPL No.3033 of 2026 Swapna Sarit Das @ Pinku …. Petitioner Mr. B.K. Ragada, Advocate -versus- State of Odisha …. Opp. Party Ms. S. Devi, ASC In BLAPL No.3630 of 2026 Sagram Hembram @ Makara …. Petitioner Mr. B.K. Ragada, Advocate -versus- State of Odisha …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.05.2026 02. 1. The petitioners are accused in connection with Morada PS Case No.79 of 2026 corresponding to CT Case No.77 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 303(2), 318(4), 336(3),3(5) of p. 2 BNS and Section 12 of the Orissa Mines and Mineral (Prevention of Theft, Smuggling Activities) Act. 1989 pending in the Court of the learned J.M.F.C, Morada. 2. The petitioners had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 06.03.2026 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petitions under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the FIR is that one Nibedita Nayak identifying herself as the S.I of Police Morada P.S in the District of Mayurbhanj on 28.02.2026 lodged an F.I.R before Morada Police Station inter alia alleging that on the same day at about 3.30 P.M. after receiving the Command Certificate she along with her other staff were performing patrolling duty in Morada P.S. area in a Bolero. At about 4.50 P.M. they received an information from reliable source about illegal transportation of sand from Bharadananada towards Jhinkiria Road. In order to verify the veracity of the said information they proceeded towards Jhinkiria and on the way near Jhinkiria Chhaka they found one Tractor bearing Regd. No. OD-01-AL 2469 loaded with sand in its Trolley coming from Bharadananada side. Thereafter they stopped the said tractor and found that the tractor is loaded with sand in its trolley. Page 3 of 5 On being asked the driver disclosed his name as Sagram Hembram of Andirapal and produced one Transit Pass towards transportation of sand vide T.P No.A2512120135/2/2 valid from 28th February 2026 03.31.09 P.M to 28th February 2026 05.31.09 Ρ.Μ. But during verification and scanning the QR Code of the TP it was found that the said TP was valid for 14.12.2025 and the same had already expired. The driver has produced a fake documents with intention to cheat. There is also allegation that said driver told them that he was engaged by the present petitioners, who are the owners of the said tractor. 5. Mr. Ragada, learned counsel for the petitioners submits that the petitioner-Sangram Hembram in BLAPL No. 3630 of 2026 was the driver of the vehicle in which the alleged sand was being transported who was apprehended at the spot. On his disclosure, the petitioner Swapna Sarita Das-Petitioner in BLAPL No. 3033 of 2026 has been arrested. Both the petitioners are in custody since 01.03.2026 and charge sheet in the present case has already been filed on 21.04.2026. 6. The petitioner Swapna Sarita Das in BLAPL No. 3033 of 2026 has filed an affidavit dated 18.05.2026 disclosing that he has as many as seven criminal cases and except two cases all the other cases are pertaining to matrimonial or civil disputes. 7. Learned counsel for the State opposed the prayer for bail and submits that in the event this Court is inclined to grant bail to the petitioners, stringent conditions should be imposed. 8. Regard being had to the nature of evidence brought on record in the charge sheet, the period of custody of the p. 4 petitioners since 01.03.2026, I am inclined to enlarge the accused-petitioners on bail. 9. Hence, the petitioners are directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) So as to deter the petitioners for committing further similar crime they are directed to physically appear before the IIC concerned of the P.S. between 10.00 A.M. to 1.00 P.M. on every Sunday for at three months; (ii) They shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) They shall appear before the trial Court on each date on which the case is posted for trial, in the event of their absence the trial court shall issue coercive process to ensure their presence and the concession granted by this court shall be withdrawn; (iv) They shall not tamper with the evidence in any manner whatsoever; (v) They shall not commit any offence while on bail, and (vi) They shall be released on bail subject to further verification of similar type of antecedents. In the event the petitioners are found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. p. 5 Ashok 10. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge MOHAPATRA