Gobinda Chandra Jena @ Gobinda Jena Vs State of Odisha

3. The petitioner being in custody in connection with S.T. Case No.77 of 2024 arising out of Jankia P.S. Case No.235 of 2023, pending in the court of the learned 2^nd Addl. Sessions Judge, Khurda for the alleged commission of offence under Sections 307/506/34 IPC, has filed this petition for his release on bail.

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4. The prosecution case in short is as follows: On 25.7.2023 at 6.00 AM while the informant’s younger brother

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named Biroj Kumar Rath was going for morning walk in his village, the accused persons named Chandan Biswal, Gobinda Jena (present petitioner), Jagannath Baral and others attacked him with the sharp weapon as a result of which, he sustained bleeding injury. The accused persons also attempted to kill the victim with criminal intimidation and threatened him in dire consequence. Hence, the case. 5. Learned counsel for the Petitioner submits that there is no prima facie case against the petitioner as he had been arrested only on the basis of false F.I.R. given by the informant. There is also no specific allegation against him so far as assault part is concerned. Further, the petitioner is languishing in jail since 17.08.2023. Hence, he submits that, the prayer of the present petitioner may be allowed.

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6. Learned counsel for the State vehemently opposes the prayer for bail stating that Petitioner has attempted to commit the murder of the victim and from the materials available on record, it shows that the Petitioner was involved in the alleged crime in question, for which, his bail application may be dismissed.

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7. Considering the facts and keeping in view the submission of learned counsel for the petitioner and the period of custody spent by the petitioner, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court

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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 Station on every Monday between 10 A.M. to 1.00 P.M.;

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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 evidence in any manner;

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iv. the petitioner shall plant 300 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land in the ensuing monsoon, 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 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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9. 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 shall maintain those plants for two years. 10. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

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11. The BLAPL is, accordingly, disposed of.

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Signature Not Verified

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(Dr. S.K.Panigrahi)

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: SecretaryReason: Authentication Judge Location: Orissa High Court Bichi Date: 26-Apr-2025 10:42:39

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Gobinda Chandra Jena @ Gobinda Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gobinda Chandra Jena @ Gobinda Jena 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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