Orissa High Court
Case Details
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4745 OF 2025 Along with BLAPL Nos.4746, 4930, 4932, 4934 and 4939 of 2025 …. Petitioner (s) Sukesh Kumar Nayak @ Sukesh Ku. Nayak (In BLAPL No.4745 of 025) Akash Panigrahi @ Akash Panigrahy (In BLAPL No.4746 of 2025) Sarthak Mohanty @ Hero (In BLAPL No.4930 of 2025) Himansu Sahu @ Himanshu Kumar Sahu (In BLAPL No.4932 of 2025) Linkan Kumar Layak @ Linkon Kumar Layak (In BLAPL No.4934 of 2025) Debasish Mishra @ Dev (In BLAPL No.4939 of 2025)
Legal Reasoning
Mr. Jyotirmaya Sahoo, Adv. -versus- State of Odisha …. Opposite Party (s) Mr. Pradipta Satpathy, ASC Page 1 of 6 CORAM: DR.JUSTICE S.K. PANIGRAHI Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 Order No. 01. Dated F.I.R. No. Police Station 47 27.01.2025 Berhampur Town
Decision
ORDER 15.05.2025 Case No. and Courts’ Name G.R. Case of No.253 2025 pending in the court of learned S.D.J.M., Berhampur Sections 115(2)/ 109/ Sections 190/ 118(1)/ 117(2)/ 191(2)/ 191(3)/ 296/ 308(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 1. These matters are taken up through hybrid arrangement. 2. Since the above-mentioned BLAPLs arise from the same transaction, relate to the same set of facts, and involve identical questions of law, all the cases are being heard and disposed of together. 3. Heard learned counsel for the Petitioner and learned counsel for the State. 4. The Petitioners in all these BLAPLS being in custody in connection with Berhampur Town P.S. Case No.47 of 2025 corresponding to G.R. Case No.253 of 2025 pending in the court of the learned S.D.J.M., Berhampur, registered for the alleged Page 2 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 commission of offences under Sections 109/ 115(2)/ 117(2)/ 118(1)/ 190/ 191(2)/ 191(3)/ 296/ 308(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, have filed the above-mentioned Petitions for their release on bail. 5. The prosecution case in brief is that on the basis of the F.I.R. lodged by one Abhinash Mohanty before the IIC, Berhampur Town Police Station alleging therein that on 27.01.2025 night at about 12:20 AM while the informant Abhinash Mohanty along with his friends named Sujan Patra, P. Sunil and Lokesh Sethy were sitting near the Kali Temple of Bijipur after attending a feast, the Petitioners arrived there by four to five motorbikes, abused the informant and his friends and then fired two rounds aiming at the informant through a revolver. But, owing to good luck, the bullets did not hit the informant. Thereafter, the Petitioners/ accused persons assaulted one Sujan Patra, the friend of the informant by means of sword and other sharp- edged weapons thereby causing bleeding injuries all over his body. After leaving of the culprits, the informant and his friends shifted the said Sujan first to City Hospital, Berhampur and then being referred, shifted to MKCG Medical College and Hospital, Berhampur. It is also alleged that the culprits while leaving the place, snatched away a gold chain from the neck of Sujan. Hence, this case. Page 3 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 6. Learned counsel for the Petitioners submits that there is no iota of evidence against the Petitioners and no such overt act has been made from the side of the Petitioners. Nothing has been seized or recovered from the exclusive possession of the Petitioners. But the police without proper investigation falsely entangled the Petitioners in this case. He further submits that the Petitioners are inside custody from 10.04.2025. Hence, he submits that the Petitioners may be enlarged on bail. 7. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner contending that the allegations made against the Petitioners are serious in nature. 8. Considering the facts and circumstances, and keeping in view the submissions of the learned counsel for the Petitioner, without going into the merits of the case, this Court is of the view that the Petitioners should be granted bail by the court in seisin over the matter in the aforesaid case, on some stringent terms and conditions with further conditions that:- i. The Petitioners shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. The Petitioners shall not indulge themselves in any criminal offence while on bail; Page 4 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 iii. The Petitioners shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. Each of the Petitioners, after the onset of monsoon (between June, 2025 to August, 2025) shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around their village on Government land, community land, or private land in the possession of the Petitioners or their family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. 9. The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioners have planted the saplings or not. 10. It is further directed that the Petitioners shall file an affidavit before the local Police Station, confirming that the saplings have been planted and that the Petitioners will maintain those plants for a period of two years. Page 5 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-May-2025 10:01:56 11. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the Petitioners by supplying the necessary saplings. 12. Accordingly, all the above-mentioned BLAPLs are disposed of. Judge (Dr. S.K. Panigrahi) B. Jhankar Page 6 of 6