L. Siba Reddy @ L.Siva Reddy Vs State of Odisha

2. The petitioner being in custody in connection with Baidyanathpur P.S. Case No.544 of 2024, corresponding to G.R. Case No.2450 of 2024 pending in the Court of learned JMFC(T), Berhampur, registered for the alleged commission of offence under

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Section 303(2) of the BNS, has filed this petition for his release on bail.

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3. The prosecution case in short is that the one Kajol Bag, the SI of police B.N.Pur P.S. made an allegation that on 15/11/2024 while performing patrolling duty, she detained the petitioner and seized four nos. of mobile phones suspected to be stolen ones.

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4. Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 16.11.2024. In the meantime, charge sheet has already been filed on 29.12.2024. The stolen articles have also been recovered. In view of the said fact, especially when the Petitioner is a permanent resident of District Ganjam as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner.

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5. Learned counsel for the State vehemently opposes the prayer of the Petitioner on the ground the Petitioner has 10 criminal antecedents in his credit.

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6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner and considering the detention period, this Court is of the view that there is no requirement of

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keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

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i. the petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.;

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ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner;

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iv. the Petitioner shall file an affidavit before the local police station that he would never engage in such criminal activities in future.

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v. The petitioner, after the onset of monsoon (during June, 2025 to August, 2025), shall plant 200 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 the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation

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Violation of any of the above conditions shall entail cancellation of the bail.

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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 or not.

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8. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years.

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9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

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10. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Gitanjali

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Signature Not Verified