Satya Prakash @ Bubun Rout Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Satya Prakash @ Bubun Rout Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the petitioner on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, subject to conditions (no fresh offence; attendance on every trial date with S.229-A IPC exposure for default; no departure from trial-court jurisdiction without permission; fortnightly reporting at the jurisdictional police station on the 2nd Sunday, 10 A.M.-12 Noon, for three months from release); the BLAPL stands disposed of and urgent certified copy was directed to be issued as per Rules.

Issue for consideration

Whether the petitioner, Satya Prakash @ Bubun Rout, accused of offences under Sections 126(2)/115(2)/118(1)/109(1)/3(5) of BNS in Bharatpur PS Case No.641 of 2024 / CT Case No.1715 of 2024, should be admitted to bail under S.483 BNSS.

Court's answer

Taking into account the nature and gravity of the alleged offences, the accusations, the materials on record (including the absence of the petitioner's name in the FIR), his pre-trial detention since 19.11.2024, the release of co-accused on bail in ABLAPL No.11334 of 2024 and BLAPL Nos.11571, 11103 and 10933 of 2024, and the nature of the injuries suffered by the injured, this Court admitted the petitioner to bail without expressing any view on merits, notwithstanding the serious objection of the informant's counsel based on three criminal antecedents.

Ratio / Principle

The bail application was allowed and the petitioner was permitted to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive Thousand) with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as deem fit and proper by it.

Key takeaways

Bail was made subject to conditions: (i) the petitioner shall not commit any offence while on bail; (ii) he shall attend the trial Court on each date of posting, failing which (without sufficient cause) the trial Court may proceed against him for offence U/S.229-A of IPC; (iii) he shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case, giving his present address of stay; and (iv) he shall report attendance before the jurisdictional Police Station once a fortnight, preferably on the 2nd Sunday of each month between 10 A.M. and 12 Noon, for three months from his actual release, and the I.I.C. shall not detain him unnecessarily after recording attendance.ratio¶25
The Court in seisin of the case was declared at liberty to cancel the petitioner's bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out; the petitioner's subsequent involvement in future in similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Bail application under S.483 BNSS - Offences punishable under Sections 126(2)/115(2)/118(1)/109(1)/3(5) of BNS arising out of Bharatpur PS Case No.641 of 2024 corresponding to CT Case No.1715 of 2024, pending before learned JMFC-V, Bhubaneswar, on the allegation of assaulting the informant's son and causing injury - Petitioner's name absent from the FIR; in pre-trial detention since 19.11.2024; co-accused Biswas Nayak @ Biswasha Bhusan Nayak released on bail in ABLAPL No.11334 of 2024 and co-accused Nihar Jena, Biswa Bijaya Singh and Jyoti Ranjan Sahoo released in BLAPL Nos.11571, 11103 and 10933 of 2024 - Informant opposed bail citing three criminal antecedents of the petitioner - Court granted bail without expressing any view on merits, on a bail bond of Rs.25,000/- with one solvent surety for the like amount, imposing conditions including attendance on every trial date (default punishable under S.229-A IPC), restriction on leaving the trial-court jurisdiction without permission, and fortnightly reporting at the jurisdictional police station (preferably 2nd Sunday, 10 A.M.-12 Noon) for three months from release - Court in seisin at liberty to cancel bail on violation of conditions; fresh involvement in similar/grave offences on prima facie accusations may be treated as a ground for cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.385 of 2025

Satya Prakash @ Bubun Rout

… Petitioner

Mr. S.S. Mohanty, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. A. Pradhan, Addl. PP Mr. M. Das, Advocate (Informant)

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

01.

21.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bharatpur PS Case No.641 of 2024 corresponding to CT Case No.1715 of 2024 pending in the file of learned JMFC-V, Bhubaneswar, for commission of offences punishable under Sections 126(2)/ 115(2)/ 118(1)/ 109(1)/ 3(5) of BNS, on the allegation of assaulting the son of the informant and causing injury to him.

Heard, Mr. Shib Shankar Mohanty, learned counsel for the petitioner, Mr. Mahes Das, learned counsel for the informant and Mr. A. Pradhan, learned Additional Public Prosecutor in the present matter and perused the record. Mr. Mahes Das, learned counsel for the informant opposes the bail application of the petitioner on the ground of three criminal antecedents.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the materials placed on record including the absence of name of the petitioner in the FIR and taking into account the pre trial detention of the petitioner in custody since 19.11.2024 and the release of co-accused Biswas Nayak @ Biswasha Bhusan Nayak on bail in obedience to the order passed by this Court in ABLAPL No.11334 of 2024, so also the release of other coaccused Nihar Jena, Biswa Bijaya Singh and Jyoti Ranjan Sahoo on bail in BLAPL Nos.11571, 11103 and 10933 of 2024 and keeping in view the nature of injuries suffered by the injured, this Court without expressing any view on merits admits the petitioner to bail, notwithstanding to the serious objection as raised by the learned counsel for the informant.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner

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fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Subhasmita Location: High Court of Orissa Date: 22-Jan-2025 16:50:41

(G. Satapathy) Judge

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