Rajesh Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Rajesh Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Baidyanathpur P.S. Case No. 403 of 2024 / G.R. Case No. 1795 of 2024 on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount before the learned SDJM, Berhampur; release conditioned on verification and absence of similar criminal antecedent, with liberty to the SDJM to impose further suitable conditions; BLAPL disposed of.

Issue for consideration

Whether the petitioner, arraigned in Baidyanathpur P.S. Case No. 403 of 2024 corresponding to G.R. Case No. 1795 of 2024 (pending before the learned SDJM, Berhampur), should be released on bail under Section 483 BNSS.

Court's answer

The petition under Section 483 BNSS stands allowed and the petitioner is directed to be released on bail in connection with Baidyanathpur P.S. Case No. 403 of 2024 corresponding to G.R. Case No. 1795 of 2024.

Ratio / Principle

Release is subject to the petitioner furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned SDJM, Berhampur, who remains at liberty to impose such other suitable conditions as deemed just and proper.

Key takeaways

The release of the petitioner shall be upon verification and absence of similar criminal antecedent.ratio¶22

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — Petition for regular bail allowed where investigation had closed and the chargesheet was filed in November 2024, and co-accused were already on bail (orders in BLAPL No. 12954 of 2024 dated 10th January, 2025 and BLAPL No. 10828 of 2024). Petitioner directed to be released on bail in Baidyanathpur P.S. Case No. 403 of 2024 / G.R. Case No. 1795 of 2024 on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned SDJM, Berhampur; release made contingent on verification and absence of similar criminal antecedent; SDJM at liberty to impose other suitable conditions. (High Court of Orissa at Cuttack — R.K. Pattanaik, J. — 11.03.2025)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1408 of 2025

Rajesh

…. Petitioner

Mr. S. Harichandan, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K.Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

11.03.2025

Order No.

Heard learned counsel for the petitioner and State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Baidyanathpur P.S. Case No. 403 of 2024 corresponding to G.R. Case No. 1795 of 2024 pending in the file of learned SDJM, Berhampur on the grounds stated therein.

In course of hearing, learned counsel for the petitioner produced a copy of the order dated 10^th January, 2025 in BLAPL No. 12954 of 2024 to submit that three of the accused persons have been granted bail. From a copy of the order in BLAPL No. 10828 of 2024 as at flag-A, the Court finds that the co-accused persons are on bail. A copy of the chargesheet is filed and the same reveals the alleged mischief being committed by the accused persons. With the closure of investigation, the said chargesheet is filed in the month of November, 2024. Considering the above facts and recording the objection Mr. Ray, learned AGA for the State and the claim that the

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petitioner is having no other similar antecedent, the Court is inclined to direct his release with following conditions.

4. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Baidyanathpur P.S. Case No. 403 of 2024 corresponding to G.R. Case No. 1795 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned SDJM, Berhampur, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The Court further directed that such release of the petitioner shall be upon verification and absence of similar criminal antecedent.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

kabita

Signature Not Verified

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,Cuttack Date: 12-Mar-2025 13:10:16

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