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

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

What the court decided

AI extract

Outcome

Petitioners directed to go on bail in connection with G.R. Case No.1443 of 2024 (arising out of Sundargarh Town P.S. Case No.408 dated 12.12.2024) on furnishing bail bonds of Rs.30,000/- each with one solvent surety for the like amount to the satisfaction of the learned S.D.J.M., Sundargarh, who may impose further suitable conditions; additionally, petitioners shall not commit mischief or harm the informant and victims, shall attend the P.S. once a fortnight, and shall submit an undertaking to the IO not to commit similar offences while on bail.

Issue for consideration

Whether the petitioners (Sumanta Mahapatra and another) should be released on bail under Section 483 BNSS in connection with G.R. Case No.1443 of 2024, arising out of Sundargarh Town P.S. Case No.408 dated 12.12.2024, pending before the learned S.D.J.M., Sundargarh.

Court's answer

Bail granted: considering the circumstances of the incident as described in the F.I.R. (Annexure-2) and that several co-accused were already on bail, the Court extended parity and allowed release of the petitioners despite their other antecedents, subject to stringent conditions.

Ratio / Principle

Release conditioned on stringent terms: bail bonds of Rs.30,000/- each with one solvent surety for the like amount; no further mischief or harm to the informant and victims; attendance at the police station once a fortnight; and submission of an undertaking to the Investigating Officer not to commit similar offences while on bail.

Detailed headnote1 paragraphs

Bail – Section 483 BNSS – Parity with co-accused – Petitioners released on bail in G.R. Case No.1443 of 2024 (Sundargarh Town P.S. Case No.408, dt. 12.12.2024) pending before S.D.J.M., Sundargarh – Court extended parity, noting four co-accused were on bail (BLAPL Nos. 208 & 239 of 2025) and co-accused Ashok Sahu was on bail (ABLAPL No.14870 of 2024) – Bail allowed despite petitioners' other antecedents, subject to stringent conditions – Bail bond of Rs.30,000/- each with one solvent surety – Conditions: no mischief/harm to informant and victims, fortnightly P.S. attendance, and undertaking to the IO not to commit similar offences while on bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.375 of 2025

Sumanta Mahapatra & another

…. Petitioners

M/s. U.S. Patel, Advocate & Associates

-Versus-

State of Odisha …. Opposite Party Mr. R. Pradhan, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

16.01.2025

Order No.

Heard Mr. Patel, learned counsel for the petitioners and Mr. Pradhan, learned ASC for the State.

Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with G.R. Case No.1443 of 2024 pending in the file of learned S.D.J.M., Sundargarh arising out of Sundargarh Town P.S. Case No.408 dated 12^th December, 2024 on the grounds stated therein.

3. Perused the F.I.R. as at Annexure-2.

Four of the accused persons are on bail by this Court’s order in BLAPL 208 and 239 of 2025. The Court finds that one of the accused, namely, Ashok Sahu is on bail by order dated 24^th December, 2024 vide Annexure-3 in ABLAPL No.14870 of 2024. Gone through the allegations made in the F.I.R. as at Annexure-2. The Court, considering the circumstances under which the incident has happened so described in Annexure-2 and the fact that some of the accused persons are on bail, as earlier stated, extending parity, is inclined to allow release of the petitioners on bail, though, both of them are having other antecedents, but subject to stringent conditions.

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Accordingly, it is ordered.

In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to go on bail in connection with G.R. Case No.1443 of 2024 arising out of Sundargarh Town P.S. Case No.408 dated 12^th December, 2024 subject to them furnishing bail bonds of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of learned S.D.J.M., Sundargarh, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not commit further mischief and cause any harm to the informant and victims in any manner, whatsoever. Besides the above, the Court directs that the petitioners shall attend the P.S. once in a fortnight and at the same time, submit an undertaking before the IO concerned to not commit similar offences in future, while on bail.

The BLAPL is disposed of.

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

(R.K. Pattanaik) Judge

Balaram

Signature Not Verified

Digitally Signed Signed by: BALARAM BEHERA Reason: Authentication Location: OHC, CUTTACK Date: 17-Jan-2025 10:52:55

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