Aju @ Khageswar Bhutia Vs State of Odisha

FIR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
870	07.11.2024	Sadar	G.R. Case No.1594 of 2024 pending in the court of learned S.D.J.M., Dhenkanal	Sections 126(2),296,351(2), 308(3), 3(5) of the BNS, 2023 read with Section 25 of the Arms Act.

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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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Signature Not Verified

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Digitally Signed 3. The Petitioner being in custody in Sadar P.S. Case No. 870 of Signed by: LITARAM MURMU Reason: Authentication

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Location: OHC 2024 cor responding to G.R. Case No.1594 of 2024, pending in Date: 14-May-2025 17:02:04

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the court of the learned S.D.J.M., Dhenkanal , registered for the

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alleged commission of offences under Sections 126(2),296,351(2),308(3), 3(5) of the BNS, 2023 read with Section 25 of the Arms Act, has filed this petition for his release on bail.

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The prosecution case in brief is that on 07.11.2024 at about 8.50 P.M. the informant named Susant Biswal lodged a written report at Sadar P.S. alleging that on 05.11.2024 while his Haiwa Trucks loaded with chips had been to Tentuliapada Railway siding to deliver chips, at that time, the accused person abused the drivers in obscene language and threatened to kill them in life. On being learnt about the said fact, the informant went there and seeing him, the accused person along with 10 other culprits came there by a Fortuner and one Bullet vehicle and asked him to give Rs.1,00,000/- by threatening him to do away with his life. Being scared, the informant fled from the spot. Thereafter, on 06.11.2024 at about 4.00 P.M., the accused no.1 along with the other accused persons along with 30 other culprits came in front of his shop being armed with guns and knife and abused him and his family members in obscene languages and threatened to kill them by hurling bombs. Hence, this case.

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Signature Not Verified5. Learned counsel for the Petitioner submits that the Petitioner Digitally Signed Signed by: LITARAM MURMUhas been framed up and falsely implicated in the above noted Reason: Authentication Location: OHC Date: 14-May-2025 17:02:04

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case on extraneous ground and the fact narrated in the F.I.R. are all fabricated, concocted and without any basis. He further submits that the Petitioner is in custody since 29.01.2025. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the Petitioner further submits that the charge sheet has already been filed on 2^nd April, 2025.

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Learned counsel for the State submits that there is prima facie involvement of the present Petitioner in the alleged offences. Hence, he 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 not indulge himself in any criminal offence while on bail; and

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ii. the petitioner shall not tamper the evidence of the prosecution evidence in any manner.

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iii. The Petitioner, after the onset of monsoon (in between the months of July and August, 2025), shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 14-May-2025 17:02:04

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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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