Gopal Kanta @ Tiki @ Tiki Kanta Vs State of Odisha

FIR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
312	20.11.2024	Brajrajnagar	C.T. Case No.1165 of 2024 arising out of Brajrajnagar P.S. Case No.312 of 2024 pending in the court of learned J.M.F.C.-1, Jharsuguda	Sections 126(2)/115(2)/ 109/351(2) of BNS, 2023

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The petitioner, currently in judicial custody in connection with C.T. Case No.1165 of 2024 arising out of Brajrajnagar P.S. Case No.312 of 2024 pending in the court of learned J.M.F.C.-1, Jharsuguda, registered for alleged offences under Sections 126(2)/115(2)/109/351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), has filed the present application seeking release on bail. 4. The prosecution allegation as it reveals from the F.I.R. that the informant was working as an employee of Brajrajnagar Electrical office. On 20.11.2024 at 3 P.M. while he was present in office, one Tiki Kanta came to office and asked who has cut has electric connection. When the informant denied to have any knowledge about it, at that time Tiki Kanta hold his collar and took him to outside of office and attacked him by knife. Thereafter, Tiki Kanta assaulted the informant by means of slap and left the place. After sometime Tiki Kanta returned back with two persons and Tiki Kanta assaulted to the informant and his Helper Babu Munda and threatened to kill.

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Learned counsel for the petitioner submits that the petitioner has no involvement whatsoever in the alleged offences as claimed by the prosecution. It is further submitted that the petitioner has been in judicial custody since 21.11.2024. Accordingly, it is prayed that the Petitioners be released on bail.

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Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.

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Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:-

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i. The petitioner shall appear before the 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.

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iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner.

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iv. The Petitioner, after the onset of monsoon, shall plant 300 saplings each 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 the land for plantation.

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Violation of any of the above conditions shall lead to cancellation of the bail.

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The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

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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 or not.

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

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The BLAPL is accordingly disposed of.

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Signature Not Verified

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(Dr. S.K. Panigrahi)

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Digitally Signed Judge Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Sumitra Date: 28-May-2025 12:57:00

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Gopal Kanta @ Tiki @ Tiki Kanta v. State of Odisha

Case brief

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Gopal Kanta @ Tiki @ Tiki Kanta v. State of Odisha

Case brief

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