Basistha Nag @ Bharat Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2203 of 2025

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Basistha Nag @ Bharat …. Petitioner(s) Mr. Tara Prasad Mohapatra, Adv.

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-versus-

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…. State of Orissa Opposite Party(s) Miss Gayatri Patra, ASC

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CORAM:

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HON’BLE DR.JUSTICE S.K. PANIGRAHI

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Ord	er		ORDER
No.			23.04.2025
F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0330	26.11.2024	Belpada	Belpada P.S. Case No.330/2024 corresponding to G.R. Case No. 1424/2024 now further corresponding to S.C Case No. 01/2025 pending in the Court of learned Additional Sessions Judge, Patnagarh.	Sections 126(2)/ 324(4)/ 296/ 115(2)/ 76 of the Bharatiya Nyaya Sanhita, 2023

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned

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counsel for the State.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2025 17:54:55

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3 . The Petitioner being in custody in connection with Belpada P.S. Case No.330/2024 corresponding to G.R. Case No. 1424/2024 now further corresponding to S.C Case No. 01/2025 pending in the Court of learned Additional Sessions Judge, Patnagarh registered for the alleged commission of offences under Section Sections 126(2)/ 324(4)/ 296/ 115(2)/ 76 of the Bharatiya Nyaya Sanhita, 2023, has filed this application for his release on bail.

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4 . The brief fact of the case is that on 26.11.2024 at about 6.00 A.M while the informant Suruchi Nag was at her home, at that point of time the accused came to her house with a crowbar and broken her entrance gate. Due to the protest of the informant the accused person abused her in obscene languages and tried to stab her belly by the said crowbar. Thereafter, by hook and crook she saved her life. It is also alleged that the accused threatened her to takeaway her life and assaulted her by means of two to three slaps. It is also alleged that the accused with intention to disrobe the informant pull down her saree. Accordingly, an F.I.R was lodged. Upon lodging of the F.I.R and conclusion of investigation, the Petitioner was arrested and has been languishing in custody since 26.11.2024. Though the Petitioner was arrested on 26.11.2024, the charge-sheet has been submitted on 10.12.2024.

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Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2025 17:54:55

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5 . Learned counsel for the Petitioner contends that since

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the Petitioner has been falsely implicated in this case, he may be released on bail.

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6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

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7 . Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

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i. the Petitioner shall before the appear

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concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial;

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ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

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iv. the Petitioner shall plant 200 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members.

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

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8. 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

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2025 17:54:55

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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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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 made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial.

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11. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2025 17:54:55

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Basistha Nag @ Bharat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basistha Nag @ Bharat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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