Bhabagrahi Naik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Bhabagrahi Naik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin over the matter, with further conditions as the Court below may deem just and proper including abstention from criminal activities, appearance on each trial date, and non-tampering with evidence.

Issue for consideration

Whether the petitioner, in judicial custody since 25.03.2025 in connection with Angul P.S. case no.231 of 2025 (G.R. case no.261 of 2025), should be released on bail under section 483 of the B.N.S.S.

Court's answer

Taking into account that the petitioner has been in judicial custody since 25.03.2025, that the matter is a case and counter case, and that the injured has already been discharged from hospital and is quite hale and hearty, the Court was inclined to release the petitioner on bail after hearing counsel for the State.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount, subject to further conditions as the learned Court below may deem just and proper, including that he shall not indulge in criminal activities, shall appear before the trial Court on each date, and shall not tamper with evidence; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail — application under section 483 of the B.N.S.S. in connection with Angul P.S. case no.231 of 2025 / G.R. case no.261 of 2025 (J.M.F.C., Banarpal) for alleged offences under sections 126(2)/296/115(2)/118(1)/109(1)/3(5) of B.N.S.S. — earlier bail prayer rejected by Addl. Sessions Judge, Angul on 07.04.2025 — petitioner in judicial custody since 25.03.2025; matter a case and counter case; injured discharged from hospital and hale and hearty — bail granted on bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties of like amount, subject to trial-court conditions including no criminal activity, attendance on each trial date and no tampering with evidence; violation to entail cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4534 of 2025

Bhabagrahi Naik

Petitioner

Mr. A. Tripathy, Advocate

-versus-

State of Odisha

…. Opp. Party

Miss. Suvalaxmi Devi, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

13.05.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard.

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior StenographerReason: Authentication Location: HIGH COURT OF ORISSA,CUTTACK Date: 14-May-2025 18:07:50

This is an application for bail under section 483 of B.N.S.S. in connection with Angul P.S. case no.231 of 2025 corresponding to G.R. case no.261 of 2025 pending in the file of learned J.M.F.C., Banarpal for alleged commission of offence under sections 126(2)/296/115(2)/118(1)/109(1)/3(5) of B.N.S.S.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Angul vide order dated 07.04.2025.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in

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judicial custody since 25.03.2025 and it is a case and counter case and the injured has already been discharged from the hospital is quite hale and hearty and after hearing on the learned counsel for the State, I am inclined to release the petitioners on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial and shall not tamper with the evidence.

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

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

Rajesh

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