Jasobanta Rana Vs State of Odisha

2. The petitioners, who are in custody in connection with Jagatpur P.S. Case No.650 of 2024, corresponding to G.R. Case No. 1587 of 2024, pending before the learned J.M.F.C.(R), Cuttack, and registered for the alleged commission of offences under Section 305(a)/331(4)/3(5) of BNS, have filed this petition seeking release on bail.

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3. The brief fact of the case is that on 26.12.2024 night, some unknown persons entered into the factory of the informant namely ‘Jagannath Agro Industries’ situated at Jagatpur and have stolen cash of Rs.3,20,000/- by breaking the lock of cash drawer.

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4. Learned counsel for the petitioner submits that this Petitioner being arrested in the case is in custody since 02.01.2025 and in the meantime charge sheet has submitted on 28.02.2025. He further contended that the Petitioners have deposited Rs.2,90,000/in HDFC Bank in the account of Jaganath Agro Industries. Hence, he submits that the Petitioners may be enlarged on bail.

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5. Learned counsel for the State vehemently opposes the bail prayer of the Petitioners.

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6. Considering the facts and circumstances and taking into account the submissions made and on going through the materials on record, this Court is of the view that the Petitioners should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:-

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i. The petitioners shall deposit their passport, if any, before the local Police Station;

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ii. The petitioners shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M.

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iii. The petitioners shall not indulge themselves in any criminal offence while on bail;

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iv. The petitioners shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and

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v. The petitioners shall plant 100 saplings each of local varieties, such as mango, neem, tamarind, etc., around their village on government land, community land, or private land in the possession of the petitioners or their family members in ensuing monsoon. 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 lead to the cancellation of the bail.

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7. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioners have planted the saplings as required.

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

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

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10. The BLAPL is accordingly disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Gitanjali