The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2108 of 2025 K. Ganesh …. Petitioner Mr. Dibyajyoti Sahoo, Advocate -versus- State of Odisha …. Opp. Party Mrs. Usharani Padhi, Addl. Standing Counsel BLAPL No.2420 of 2025 B. Deepak @ Baru Deepak …. Petitioner
Legal Reasoning
Mr. Chandan Samantaray, Advocate -versus- State of Odisha …. Opp. Party Mrs. Usharani Padhi, Addl. Standing Counsel BLAPL No.2625 of 2025 Alekha @ Alekh Naik …. Petitioner Mr. Dibyajyoti Sahoo, Advocate -versus- State of Odisha …. Opp. Party Mrs. Usharani Padhi, Addl. Standing Counsel Page 1 of 6 Order No. 01. JUSTICE SANJAY KUMAR MISHRA CORAM:
Decision
ORDER 17.04.2025 These matters are taken up through hybrid mode. 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned Counsel for the parties. 3. The Petitioners are accused in connection with G.R. Case No.581 of 2024 pending in the Court of learned J.M.F.C., Patrapur, arising out of K. Nuagaon P.S. Case No.366 of 2024 for commission of alleged offences under Sections 305/331(4) of BNS. 4. Being aggrieved by the rejection of application for bail by the learned 1st Additional Sessions Judge, Berhampur, Ganjam by order dated 17.02.2025 passed in B.A. No.171 of 2025 (K. Ganesh) and by order dated 07.02.2025 passed in B.A. No.94 of 2025 & B.A. No.158 of 2025 (B. Deepak & Alekh Naik respectively) in the aforementioned cases, the present BLAPLs have been filed. 5. Heard Mr. Sahoo, learned Counsel for the Petitioners in BLAPL No.2108 of 2025 and BLAPL No.2625 of 2025 so also Mr. Samantaray, learned Counsel for the Petitioner in BLAPL No.2420 of 2025 and Mrs. Padhi, learned ASC for the State. Page 2 of 6 6. A query being made, learned Counsel for the Petitioners, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court. 7. Mr. Sahoo, learned Counsel for the Petitioners in BLAPL No.2108 of 2025 and BLAPL No.2625 of 2025 files downloaded website copy of order dated 04.03.2025 passed in BLAPL No.939 of 2025 after handing over copies of the same to learned Counsel for the State. The same is taken on record. 8. Relying on the said order passed by the coordinate Bench, Mr. Sahoo, learned Counsel for the Petitioners submits, the Petitioners are in judicial custody since 17.01.2025 and most of the stolen articles were seized from one of the co-accused namely, Chandan Dalai, who has already been released on bail vide order dated 04.03.2025 passed in BLAPL No.939 of 2025. Accordingly, he prays to release the Petitioners on bail on such terms and conditions as this Court deems just and proper. 9. Mr. Sahoo further submits, there are five numbers of criminal antecedents against K. Ganesh, who is the Petitioner in BLAPL No.2108 of 2025. Out of the five cases, the learned trial Court in seisin over the matter released the Petitioner K. Ganesh (BLAPL No.2108 of 2024) and the Petitioner Alekha @ Alekh Naik (BLAPL No.2625 of 2025) in three cases. So far as co-accused K. Page 3 of 6 Ganesh, he was also released on bail in one of the cases vide order dated 19.02.2025 passed in BLA No.602 of 2025. 10. Mr. Sahoo submits, Alekha @ Alekh Naik, who is one of the co-accused, was also released on bail pertaining to G.R. Case No.358 of 2024 arising out of K. Nuagaon P.S. Case No.366 of 2024 by learned trial Court in seisin over the matter in three cases and so far as other two cases, one of the BLAPL is on board today and other bail application i.e. BLAPL No.2576 of 2025, is yet to be listed. 11. Mr. Sahoo, learned Counsel for the Petitioners further submits, though one of the ground to reject the bail application was that, the case is at the stage of investigation, as per the instruction received, the charge-sheet has already been submitted in the meantime by the I.O. 12. Mr. Samantaray, learned Counsel for the Petitioner, namely, B. Deepak @ Baru Deepak in BLAPL No.2420 of 2025 submits, as per the instruction received from the relatives of the Petitioner, the Petitioner is on bail in other four cases excepting the present case. Since, the co-accused namely, Chandan Dalai has already been released on bail vide order dated 04.03.2025 passed in BLAPL No.939 of 2025, the Petitioner be released on bail on such terms and conditions as this Court deems just and proper. Page 4 of 6 13. Learned Counsel for the State opposes to such prayers for bail on the ground that all the Petitioners are habitual offenders having five criminal antecedents and if they are released on bail, there is every possibility of repeating similar kind of offences. 14. However, taking into consideration the submission made by learned counsel for the parties, since all the three Petitioners are local residents residing within the territorial limits of the concerned P.S. in the district of Ganjam so also charge-sheet has already been filed in the meantime, in view of the admitted fact that Chandan Dalai, one of the co-accused, from whom most of the theft articles were seized, has already been released on bail in terms of order passed by the coordinate Bench dated 04.03.2025 passed in BLAPL No.939 of 2025, this Court is inclined to direct the Petitioners to go on bail with conditions to be imposed by the learned trail Court in seisin over the matter. 15. Consequently, all the Petitioners are directed to be released on bail in G.R. Case No.581 of 2024 arising out of K. Nuagaon P.S. Case No.366 of 2024 subject to all of them furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each with one solvent surety each for the like amount to the satisfaction of the learned J.M.F.C, Patrapur, who shall impose such other conditions as deemed just and proper in the facts and circumstances of the case. All the Petitioners shall furnish an undertaking at the local P.S. not to involve themselves Page 5 of 6 in similar criminal activities after being released on bail. 16. It is made clear that, the learned Court in seisin over the matter will be at liberty to cancel the bail of the Petitioners without further reference to this Court, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the Petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 17. All the BLAPLs are allowed and disposed of accordingly. 18. Urgent certified copy of this order be granted as per rules. Kanhu Judge ( S.K. Mishra) Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 19-Apr-2025 11:13:02 Page 6 of 6