Sudam Bala v. Susanta Kumar Baral

Represented by Adv. - Mr. P.P.Behera, A.S.C. THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER

01.05.2026

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 483 of B.N.S.S. has been filed by the Petitioner for regular bail in connection with S.T. Case No.33 of 2020, arising out of Khuntuni P.S. Case No.61(5) of 2013, pending in the Court of learned Addl. District and Sessions Judge, Athagarh for alleged commission of offence punishable under Sections 294,336,325,395,506,34 of IPC.

It is stated by the learned counsel for the Petitioner that the Petitioner was earlier released on bail on 28.11.2024 by the Page 1 of 3. learned trial court. Thereafter, the Petitioner was regularly appearing before the learned trial court. However, due to a communication gap he could not appear before the learned trial court. As a result of which an NBW was issued against the Petitioner on 19.08.2025. In execution of such NBW the Petitioner has again been taken into custody. Learned counsel for the Petitioner at this juncture contended that due to a communication gap the Petitioner could not know the date of his appearance before the Court. As a result of which he could not appear before the Court on the date fixed. Learned counsel for the Petitioner submitted that after his arrest he is languishing in custody since 13.02.2026. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand objected to release the Petitioner on bail on the ground that the Petitioner has failed to appear before the learned trial court once already. He further submitted that in the event the Petitioner is released on bail there is every likelihood that he might default in his appearance again which could eventually cause delay in conclusion of the trial. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Page 2 of 3. Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subjection to following conditions: - I) He shall appear before the I.O. as and when required for the purpose of the investigation. II) He shall appear before the Court on each and every date fixed, unless his appearance is duly dispensed with by the Court. Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of. (A.K. Mohapatra) Judge Rubi Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 05-May-2026 10:51:06