The High Court
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK Chandra Sekhar Badatya (In BLAPL No.12462 of 2024) Suryamani Sahoo @ Suryamani Saho (In BLAPL No.2281 of 2025) … Petitioners Mr. S.S. Ray(2), Advocate (In BLAPL No.12462 of 2024) Ms. D. Mahapatra, Advocate (In BLAPL No.2281 of 2025) State of Orissa -versus- … Opposite Party Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 08.05.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and
Decision
disposed of by this common order with the consent of the learned counsel for the parties. 3. These are applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Dharakote PS Case No.230 of 2024 arising out of GR Case No.1289 of 2024 pending in the Court of learned JMFC (Cog.), Aska, for commission of offences punishable U/Ss. 331(4)/309(4)/1127(6)/61(1) of BNS r/w Sec.25(I)/27 of the Arms Act. The allegation against the Petitioners is that three unknown persons committed robbery in the shop of Page 1 of 5 the informant and took away 3 Kg of gold, 8 Kg of Silver and Cash of Rupees Two Lakhs Twenty Seven Thousand along with four golden finger rings & one Vivo Mobile phone, whose approximate cost would be rupees One Crore Seventy Lakhs as per the informant by tying the mouth and hand of the informant and subsequently, the investigation unearthed the involvement of the Petitioners in this case. 4. Heard, Mr. Sidhartha Sankar Ray(2), learned counsel appearing for the petitioner in BLAPL No.12462 of 2024; Ms. Deepali Mahapatra, learned counsel for the Petitioner in BLAPL No.2281 of 2025 and Mr. A. Pradhan, learned Additional Public Prosecutor and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners Chandra Sekhar Badatya for committing robbery in the shop of the informant along with co- accused and against the Petitioner Suryamani Sahoo@Suryamani Saho to have disposed of some stolen gold & silver articles received from co-accused for a substantial amount. Further, the Petitioner Chandra Sekhar Badatya is allegedly found to have been identified in TI Parade by the identifying witnesses and it is also not in dispute that the Petitioner Chandra Sekhar Badatya is having eight criminal antecedents. True it is that the Petitioner Suryamani Sahoo @ Suryamani Saho is having some criminal antecedents, but the allegation against him is for receiving some stolen property and selling it. Page 2 of 5 6. In view of the above facts and after having considered the rival submissions and ongoing through the materials placed on record and regard being had to the alleged recovery of some stolen articles at the instance of the petitioner Chandra Sekhar Badatya pursuant to his disclosure statement and keeping in view the nature and gravity of the offence and allegation against the Petitioner- Chandra Sekhar Badatya and regard being had to the pre-trial detention of the Petitioner Suryamani Sahoo @ Suryamani Saho in custody since 26.08.2024 and taking into account his conduct in surrendering at PS with some stolen silver articles and taking into account grant of bail to co-accused Iswar Pradhan, Kazi Samsul and the Petitioner Suryamani Sahoo @ Suryamani Saho subject to verification of their antecedents, but the Petitioner Suryamani Sahoo @ Suryamani Saho bail being turned down for having some criminal antecedents, this Court on consideration of allegation against each of the Petitioners and segregating the same admits the Petitioner Suryamani Sahoo @ Suryamani Saho on bail while refusing to grant bail to the Petitioner Chandra Sekhar Badatya. 7. Accordingly, while allowing the BLAPL No.2281 of 2025, this Court rejects the bail application in BLAPL Nos.12462 of 2024. Accordingly, the prayer for bail of Chandra Sekhar Badatya is hereby rejected, whereas the prayer for bail Suryamani Sahoo @ Suryamani Saho stands allowed. Page 3 of 5 8. Hence, the bail application of the petitioner namely Suryamani Sahoo @ Suryamani Saho in BLAPL No.2281 of 2025 stands allowed and the petitioner- Suryamani Sahoo @ Suryamani Saho is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner-Suryamani Sahoo @ Suryamani Saho shall not commit any offence while on bail, In case Sahoo (ii) the petitioner-Suryamani Sahoo @ Suryamani Saho in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance the is dispensed with. @ Petitioner-Suryamani Suryamani fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner- Suryamani Sahoo @ Suryamani Saho for offence U/S.269 of BNS,2023 in accordance with law, Saho (iii) the petitioner-Suryamani Sahoo @ Suryamani Saho shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court, (iv) the petitioner-Suryamani Sahoo @ Suryamani Saho shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday Page 4 of 5 in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner-Suryamani Sahoo @ Suryamani Saho unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner- Suryamani Sahoo @ Suryamani Saho without further reference to this Court, if any of the above 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. 9. Accordingly, these BLAPL Nos.12462 of 2024 and 2281 of 2025 stand disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna Signature Not Verified Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-May-2025 16:54:48 Page 5 of 5