The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2416 of 2025 Dipu @ Dipiti Ranjan Sahu @ Dipti Ranjan Sahoo ..…... Petitioner Mr. Achyuta Priyadarsan Mishra, Adv. -Versus- State of Odisha ………. Opposite Party Mr. Sanjay Rath, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 21.04.2025 Order No. 01. F.I.R No. 33 Dated Police Station Case No. and Courts’ Name Sections 10.01.2025 Angul G.R. Case No.70 of 2025 pending in the Court of learned S.D.J.M., Angul U/s. 310(4)/310(5) of BNS read with of section Arms Act and section 4 and 5 of Explosive Substance Act. 25 1. 2. This matter is taken up through a hybrid arrangement. The petitioner, who is in custody in connection with Angul P.S. Case No.33 of 2025, corresponding to G.R. Case No. 70 of 2025, pending before the learned S.D.J.M., Angul, and registered for the alleged commission of offences under Section 310(4)/310(5) of BNS read with section 25 of Arms Act and section 4 and 5 of Explosive Substance Act, has filed this petition seeking release on bail. 3.
Legal Reasoning
The brief fact of the case is that the informant Sri Ashish Kumar Swain, S.I. of Police, Angul P.S., Dist-Angul lodged a written report at Angul P.S. to the effect that on 09.01.2025 at about 10.00 P.M., he along with his staff performing night patrolling duty and Naka/Blocking duty and to check the movements of criminals and antisocial in Angul P.S. area in police vehicle. At about 11.00 P.M., while they were performing blocking and patrolling duty at Hulurusingha chhak area, he received information from reliable source that a group of persons numbering 5 to 6 have been assembled in a pindi under the Banyan tree in front of Madanmohan temple at Madanamohanapada, Angul suspected to be preparing for docoity. On receiving the information, he arranged two local witnesses and thereafter he along with his staff and the witnesses proceeded towards Madanmohan temple, Angul and saw a little distance in the loom of light 5 persons have assembled there. At about 12.10 A.M., he along with his staff conducted raid at the spot. Seeing the police party they started running and being chased they could able to apprehend four persons. On being asked they disclosed their identities. On being asked for the purpose of their assembly in the late hour of night at the lonely place, they disclosed that one Nirod Gamaik, who was escaped from the spot, is the master mind and told them that there was huge hard cash around 10-12 lakhs transaction made at the PRAGATI/OMFED Milk Distributor, Angul in the odd hour of night and called them to Angul to commit dacoity from the Milk distributor of Angul. During search at the place he found that two numbers of Mc Dwell No.-l celebration RUM 750 ml each (one empty and another half liquor), 05 numbers of plastic glass, one Bisleri water bottle, one Nike company air bag containing two Red chilly powder packet containing 100 grams each, one Number plate having Regd. No.OR-05-AG-3280, one cycle company khaini, one empty money purse, cash of Rs.50/-, one black goggles, two numbers of handmade bomb, one Bajaj Pulsar motorcycle black red 150 bearing Regd. No.OD-34-B-8414, one white colour TVS Apache RTR 160 motorcycle baring chassis No.-MD634KE46F2L26013 and seized the same in presence of the witnesses and prepared the seizure list. During personal search of accused persons he found three numbers of Iron CHAPAD mobile phones, cash of Rs.20/- and one black steel and plastic toy pistol gun of Pietro-bretta company model No.22FSCAL9 and he seized the same and prepared the seizure list in presence of the witnesses. Thereafter he returned to the P.S. along with the accused persons, seized articles and weapons. Basing on such report, Angul PS case No. 0033 dated l0.01.2025 was registered and in course of investigation, the I.O found out that the present petitioners along with another accused are involved in the crime; they were arrested and forwarded to the Court on 10.01.2025. 4. Learned counsel for the Petitioner submits that the Petitioner has already spent 4 months in the custody. Hence, he submits that the Petitioner may be enlarged on bail. 5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 6. Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the Petitioner should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The petitioner shall deposit his passport, if any, before the local Police Station; ii. The petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. iii. The petitioner shall not indulge himself in any criminal offence while on bail; iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The petitioner shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on government land, community land, or private land in the possession of the petitioner or his family members in ensuing monsoon. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation. Violation of any of the above conditions shall lead to the cancellation of the bail. 7. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required. 8. It is further directed that the petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain them for a period of two years. 9. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings. 10.
Decision
The BLAPL is accordingly disposed of. Judge (Dr. S.K. Panigrahi) Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-Apr-2025 19:12:58