Allowed¶21

Kamal Lochan Dehuri v. State of Odisha

Orissa HC18 Mar 2025BLAPL/858/2025

Case brief

AI extract

What is this about?

BLAPL No. 858 of 2025; Kamal Lochan Dehuri v. State of Odisha; High Court of Orissa, Cuttack; Justice R.K. Pattanaik; 18.03.2025; Section 483 BNSS bail; G.R. Case No. 76 of 2024; Bhanjanagar P.S. Case No. 329 of 2024; Special Judge Mayurbhanj Baripada; co-accused parity BLAPL No. 757 of 2025; recovery/seizure not from petitioner; petitioner local, unlikely to abscond; bail bond Rs.50,000 with one solvent surety; report IO once in ten days; verification and absence of similar antecedents.

What did the court decide?

Release of the petitioner on bail in G.R. Case No. 76 of 2024 (Bhanjanagar P.S. Case No. 329 of 2024) on a bail bond of Rs.50,000/- with one solvent surety, with a condition to report to the IO once in ten days until conclusion of investigation, and release subject to verification and absence of similar antecedents. ¶21

Kamal Lochan Dehuri Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with G.R. Case No. 76 of 2024 (arising out of Bhanjanagar P.S. Case No. 329 of 2024) pending before the learned Special Judge, Mayurbhanj, Baripada, where the alleged recovery and seizure is claimed against other accused persons and not the petitioner.

¶16

Court's answer

The petition under Section 483 BNSS is allowed; the petitioner is directed to be released on bail in connection with G.R. Case No. 76 of 2024 arising out of Bhanjanagar P.S. Case No. 329 of 2024, subject to furnishing a bail bond of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Mayurbhanj, Baripada, who may impose further suitable conditions, including that the petitioner report to the IO concerned once in ten days until the investigation is concluded; release shall be upon verification and absence of similar antecedent against him.

¶21

Ratio / Principle

Bail was granted because the seizure and recovery were not from the petitioner, the co-accused persons had already been released on bail, and the petitioner, being a local resident, was unlikely to abscond.

¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — BLAPL No. 858 of 2025 (Kamal Lochan Dehuri v. State of Odisha), decided 18.03.2025 by Justice R.K. Pattanaik: Petition under Section 483 BNSS for bail in G.R. Case No. 76 of 2024 (arising out of Bhanjanagar P.S. Case No. 329 of 2024) pending before the learned Special Judge, Mayurbhanj, Baripada, allowed. Basis: seizure and recovery not made from the petitioner; co-accused already granted bail vide BLAPL No. 757 of 2025 (disposed 17.03.2025); petitioner a local resident unlikely to abscond. Bail granted on a bond of Rs.50,000/- with one solvent surety, with a condition to report to the IO once in ten days until investigation concludes, and release subject to verification and absence of similar antecedents.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 858 of 2025

¶3

Kamal Lochan Dehuri

¶4

Petitioner

¶5

Mr. A.K. Sahoo, Advocate

¶6

-Versus-

¶7

State of Odisha …. Opposite Party

¶8

Mr. T.K. Acharya, ASC

¶9

CORAM:

¶10

MR. JUSTICE R.K. PATTANAIK

ORDER

18.03.2025

Order No.

Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State.

¶16

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No. 76 of 2024 (arising out of Bhanjanagar P.S. Case No. 329 of 2024) pending in the file of learned Special Judge, Mayurbhanj, Baripada, on the grounds stated.

¶17

As informed to the Court, the seizure has not been made from the petitioner. The claim is that the recovery was made from others. The further submission is that the co-accused persons have been granted bail vide BLAPL No. 757 of 2025 disposed of on 17^th March, 2025. From the FIR and the copies of the seizure list as at Annexures-1 and 2 series, the alleged recovery and seizure is claimed against the other accused persons and not the petitioner. Mr. Acharya, learned ASC for the State, on the other hand, submits that

¶18

Page 1 of 2

¶19

the petitioner was the supplier and hence, has been arrested. Considering the same and the fact that co-accused persons are released on bail and the seizure and such recovery is not from the petitioner, who is a local and hence, unlikely to abscond, the Court is inclined to allow him to go on bail with conditions.

¶20

4. Accordingly, it is ordered.

¶21

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No. 76 of 2024 arising out of Bhanjanagar P.S. Case No. 329 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Mayurbhanj, Baripada, 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, he shall report the IO concerned once in ten days’ time for the purpose of investigation and to continue to do so, till the same is concluded. The Court further directs that such release of the petitioner shall be upon verification and absence of similar antecedent against him.

¶22

6. The BLAPL is disposed of.

¶23

7. Issue urgent certified copy as per rules.

¶24

(R.K. Pattanaik)

¶25

Judge GDS

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: GAYADHAR SAMAL Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY Reason: Authentication Location: OHC, CUTTACK Date: 20-Mar-2025 12:04:46

¶28

Page 2 of 2

Kamal Lochan Dehuri v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kamal Lochan Dehuri 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

Case details

Similar cases

Ajay Kumar Naik Vs State of Odisha

Swaraj Kumar Panigrahi Vs State of Odisha

Pradeep Jena Vs State of Odisha

Sisir Pradhan Vs State of Odisha

Basanta Kumar Mohanty Vs State of Odisha

Harsha @ Harsh Sharma Vs State of Odisha