The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2135 of 2025 Salim Saha …. Petitioner Mr. J. Majhi, Advocate -versus- State of Odisha …. Opp. Party Mr. P. Satapathy, Addl. Standing Counsel BLAPL No.2236 of 2025 Prakash Behera …. Petitioner
Legal Reasoning
Mr. S.N.. Mishra, Advocate -versus- State of Odisha …. Opp. Party Mr. P. Satapathy, Addl. Standing Counsel BLAPL No.3363 of 2025 Jagan @ Jagabandhu Sahu @ Jabandhu Sahoo …. Petitioner Mr. S.K. Dwivedy, Advocate -versus- State of Odisha …. Opp. Party Mr. P. Satapathy, Addl. Standing Counsel Page 1 of 5 Order No. 01. JUSTICE SANJAY KUMAR MISHRA CORAM:
Decision
ORDER 17.04.2025 This matter is 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, who are in judicial custody since 21.01.2025, after rejection of their applications for bail vide common order dated 15.02.2025 passed in Bail Application No.45 of 2025 (Salim Saha), Bail Application No. 50 of 2025 (Prakash Behera) and order dated 04.03.2025 in Bail Application No.81 of 2025 (Jagan @ Jagabandhu Sahoo) (arising out of C.T. Case No.02 of 2025), have preferred the present BLAPLs. 4. The Petitioners are the accused in connection with Soro P.S. Case No.01 dated 02.01.2025 corresponding to C.T. Case No.02 of 2025 pending in the Court of learned JMFC, Soro in the district of Balasore. 5. Learned Counsel for the Petitioners submit, all the three cases are remand cases. All of them are having five criminal antecedents of similar nature including the present case. 6. Mr. J. K. Majhi, learned Counsel for the Petitioner in BLAPL No.2135 of 2025 submits, his client has been released on bail in three criminal cases by this Court in Page 2 of 5 BLAPL Nos.2036 of 2025, 2086 of 2025 and 2082 of 2025. So far as other two criminal cases are concerned, the present BLAPL Petition is arising out of one of the said Case and the other one is on board i.e. BLAPL No.2138 of 2025 in which vide the order of the even date, this Court was pleased to order to release the Petitioner on bail. 7. Mr. S.N.Mishra, learned Counsel for the Petitioner in BLAPL No.2236 of 2025 submits, the Petitioner has been released on bail in three criminal cases by this Court in BLAPL Nos.1477 of 2025, 1890 of 2025 and 2128 of 2025. So far as other two criminal cases, the present BLAPL is one out of the said Cases and the other one is on board i.e. BLAPL No.2113 of 2025, in which vide the order of the even date, this Court was pleased to order to release the Petitioner on bail. 8. Similarly, Mr. S.K. Dwivedy, learned Counsel for the Petitioner in BLAPL No.3363 of 2025 also submits, the Petitioner has been released on bail by this Court in two criminal cases i.e. in BLAPL Nos.1924 of 2025 and 3044 of 2025. So far as the other three criminal cases are concerned, the present BLAPL is one out of the said Cases. BLAPL No.3354 of 2025, which is on board today, vide order of the even date, this Court was pleased to order to release the Petitioner on bail. BLAPL No.3139 of 2025 is yet to be listed. 9. Learned Counsel for the Petitioner in BLAPL No. 2236 of 2025, after handing over a copy to the learned Page 3 of 5 counsel for the State, files the downloaded website copy of order dated 18.03.2025 passed in BLAPL No.1888 of 2025 and submits, one of the co-accused namely Akshya G. Chavan, in connection with Soro P.S. Case No.01 dated 02.01.2025 corresponding to C.T. Case No.02 of 2025 , has already been released on bail vide order dated 18.03.2025 passed in BLAPL No.1888 of 2025 .The said order is taken on record. 10. Learned State Counsel opposes to the prayers for bail on the grounds that all the Petitioners are habitual offenders and having five criminal antecedents and if they are released on bail, there is every possibility of committing similar kind of offences by them in future endangering the life and properties of the citizens. 11. The Petitioners are in custody since 21.01.2025. These cases being remand cases, this Court in similar kind of offences has ordered for release of the Petitioners on bail including the co-accused. 12. So far as PS Case No.01 dated 02.01.2025 corresponding to CT Case No.02 of 2025, the co- accused namely Akshya G. Chavan has been released on bail vide order dated 18.03.2025 passed in BLAPL No.1888 of 2025. 13. Considering the submissions made by the learned Counsel for the parties, the period of detention of the Petitioners in custody and keeping in the view that that one of the similarly placed co-accused has already been released on bail, the petitions under Page 4 of 5 section 483 of BNSS stand allowed. 14. Consequently, all the Petitioners are directed to be released on bail in connection with CT Case No.02 of 2025 arising out of Soro PS Case No.01 dated 02.01.2025 subject to the Petitioners 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 JMFC, Soro, who shall impose such other suitable conditions as deemed just and proper. 15. 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 these cases. 16. Accordingly, all BLAPLs stand allowed and disposed of. 17. Urgent certified copy of this order be granted as per rules. Banita JUDGE ( S.K. MISHRA) Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Apr-2025 11:13:15 Page 5 of 5