Chinmaya Tarai @ Chinku Vs State of Odisha

FIR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
368	24.07.2024	Kujang	C.T. Case No.107 of 2024 pending in the court of learned Additional District and Sessions Judge, Kujang	Section 331(7), 331(6),109/309(6) of the BNS, 2023

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Signature Not Verified

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This matter is taken up through hybrid arrangement.

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Digitally Signed

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Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 19:55:27

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H ear d learned counsel for the Parties.

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The Petitioner being in custody in Kujang P.S. Case No.368 of 2024 corresponding to C.T. Case No. 107 of 2024, pending in the court of the learned Additional District and Sessions Judge, Kujang, registered for the alleged commission of offences under Sections Section 331(7), 331(6),109/309(6) of the BNS, 2023 has filed this petition for his release on bail.

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The prosecution case is that on 24.7.2024 the informant Smt. Himadri Tanaya Acharya lodged a written report before the Kujang P.S. alleging that on the same day, at about 8.30 p.m. two unknown miscreants being armed with sword kept inside the sack entered inside her house. One miscreant put the sword on her neck and another miscreant assaulted her father-in-law by means of sword and asked for all the gold available in their house. Thereafter, the miscreants committed theft of gold ornaments along with cash of Rs.40,000/- from their almirah and one DVR installed in their house. Both the miscreants assaulted her father-in-law who sustained bleeding injuries on his hands and also threatened to do away with their life, if the matter is intimated to anybody. Then, her husband arrived at the spot and shifted her father-in-law to hospital for treatment. Signature Not VerifiedAccordingly, on the written report of the informant, Kujang P.S.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 19:55:27

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Case No.368 of 2024 under Sections 331(7), 331(6), 109, 309 (6) of the BNS was registered. Hence, this case.

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Learned counsel for the Petitioner submits that the Petitioner

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has been falsely implicated in this case and he is no way connected with the offences as alleged by the prosecution in any manner. Moreover, the Petitioner is in custody since 30.07.2024. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

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Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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i. the petitioner shall appear before the learned trial court on each date of posting of the case;

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ii. the petitioner shall not indulge himself in any criminal offence while on bail; and

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iii the petitioner shall not tamper the evidence of the

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prosecution evidence in any manner.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 19:55:27

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iv. The Petitioner, after the onset of monsoon, shall plant 100 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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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 as required.

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It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years.

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The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.

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The BLAPL is accordingly disposed of.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMUDesignation: Personal Assistant ( Dr. S.K. Panigrahi) Reason: Authentication Location: OHC Judge Murmu Date: 01-May-2025 19:55:27

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Chinmaya Tarai @ Chinku v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chinmaya Tarai @ Chinku v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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