Hemanta Kumar Swain @ Hemanta Swain @ Suna Vs State of Odisha

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name		Sections
02	6.01.2025	Derabis	G.R. Case No.4 of 2025, arising out of Derabis P.S. Case No.2 of 2025, pending in the court of learned J.M.F.C., City, Kendrapara.	Sections 109/ 74/ 2023.	126(2)/ 296/ 115(2)/ 79/ 351(2) of BNS,

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Signature Not Verified 1. This matter is taken up through hybrid arrangement.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 05-May-2025 20:13:26

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Page 1 of 5

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2. Heard learned counsel for the Petitioner and learned counsel for the State.

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3. The Petitioner being in custody in connection with G.R. Case No.4 of 2025, arising out of Derabis P.S. Case No.2 of 2025, pending in the court of learned J.M.F.C., City, Kendrapara, registered for the alleged commission of offences under Sections 126(2)/ 296/ 115(2)/ 109/ 74/ 79/ 351(2) of BNS, 2023, has filed this petition for his release on bail.

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4. The brief fact of the case is that on 04.01.2025 at night when the brother-in-law of the informant was in deep sleep, the informant knocked the door. At that time the petitioner abused her. Hence, the informant made allegation before the village committee and on their intervention, the matter was settled. But the Petitioner at about 1 A.M. knocked her door and started misbehavior by making obscene gesture. So, the informant intimated her husband about the same. Being aggrieved, the accused attacked her by a spade for which the informant sustained bleeding injury.

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5. Therefore, the Petitioner along with his parents reached at the Police Station along with the informant and explained about the incident before the police. But the police without any

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intervention, registered the complaint lodged by both the sides. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU The mother of the Petitioner lodged a complaint which was Designation: Personal Assistant Reason: Authentication Location: OHC trea ted as counter F.I.R. Date: 05-May-2025 20:13:26

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6. Learned counsel for the Petitioner submits that the Petitioner himself visited the Police Station. But the police after registration of both the FIRs under Annexures 1 and 2 started investigation and subsequently, arrested the Petitioner and he is inside the custody since 06.01.2025. He further submits that there is civil dispute between the parties for ancestral property. Both the families are residing under the same roof. It is also submitted that the Petitioner is working as a Clerk in the High Court Bar Association, Cuttack. In such premises, he submits that the Petitioner may be enlarged on bail.

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7. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner contending that the accused Petitioner is the nephew of the victim and he has assaulted the victim inside their house, which shows that if the accused is released on bail then re-petition of the crime cannot be ruled out. Hence, he submits that the Petitioner may not be released on bail.

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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 Petitioner 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:-

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i. The Petitioner shall appear before the local Police

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Station on every Monday between 10 A.M. to 1.00 Designation: Personal Assistant Reason: Authentication Location: OHC P.M.;

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 05-May-2025 20:13:26

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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; and

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

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Violation of any of the above conditions shall lead to

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cancellation of the bail.

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9. 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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10. 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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11. The District Nursery/District Forest Officer (D.F.O.) shall Signature Not Verified Digitally Signed Signed by: LITARAM MURMU extend assistance to the Petitioner by supplying the necessary Designation: Personal Assistant Reason: Authentication Location: OHC sapl ing s. Date: 05-May-2025 20:13:26

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Page 4 of 5

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12. Accordingly, this BLAPL is disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified