Subashish Baliarsingh @ Bibhu Vs State of Odisha

FIR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0241	08.10.2024	Khurda Sadar	G.R. Case No.850 of 2024 arising out of Khordha Sadar P.S. Case No.241 of 2024 pending in the court of learned S.D.J.M., Khordha	Sections 103(1)/238/3(5) of BNS, 2023

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The petitioner, currently in judicial custody in connection with G.R. Case No.850 of 2024 arising out of Khordha Sadar P.S. Case No.241 of 2024 pending in the court of learned S.D.J.M., Khordha, registered for alleged offences under Sections 103(1)/238/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), has filed the present application seeking release on bail.

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That the prosecution story as alleged in nut shell is that on 08.10.2024, one Nilamani Behera lodged written F.I.R. before the IIC, Sadar Police Station, Khordha alleging therein that, on 07.10.2024 at about 4.15 P.M. from social media and news paper he came to know that on 06.10.2024 at about 10.00 A.M. an unknown dead body was found from Tangeni Query under Khordha Sadar Police Station. The dead body was tied with a Gamuchha and by seeing the Tatoo on the dead body the informant came to know that the body of his son namely Nitish Kumar @ Raja. Thereafter, the informant had gone to AIMS Hospital and identified the dead body as his son. Hence the F.I.R.

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Learned counsel for the petitioner submits that the petitioner has no involvement whatsoever in the alleged offences as claimed by the prosecution. The Petitioner has been implicated in the case only on the basis of circumstantial evidence. It is further submitted that the petitioner has been in judicial custody since 22.10.2024. Accordingly, it is prayed that the Petitioner be released on bail.

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Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.

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Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:-

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i. The petitioner shall appear before the trial court on each date of posting of the case.

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ii. The petitioner shall not indulge himself in any criminal offence while on bail.

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iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner.

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iv. The Petitioner, after the onset of monsoon, shall plant 500 saplings each of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation.

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Violation of any of the above conditions shall lead to cancellation of the bail.

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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 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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The I.I.C. of the concerned Police Station in coordination with

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the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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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.

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