IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3637 of 2025 (cid:1)ó(cid:1)ï Banku @ Madhab Chandra Petitioner Puspalaka Mr.Pradeep Ku. Kundu Advocate -versus-

(cid:1)ó(cid:1)ï State of Odisha Opposite Party Mr.Sonak Mishra, ASC CORAM:

D R.JUSTICE S.K. PANIGRAHI Order ORDER No. 09.05.2025

01. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Parties.

3. The Petitioner, who is in custody in connection with Niali P.S. Case No. 112 of 2025, corresponding to G.R. Case No.106 of 2025, pending in the Court learned J.M.F.C., Niali, registered for the alleged commission of offences under Sections- 331(4)/305 of the B.N.S.,2023 has filed this petition seeking his release on bail.

4. The brief fact of the case is that one Raj Kishore Nanda, Co-Ordinator under Prachi Parikrama Charitable Trust lodged a written report before the IIC, Niali P.S. alleging therein that the programme was started from

18.02.2025 to 24.02.2025. On 19.022025, while the pilgrims were taking rest at temple premises as well as the temple office, some unknown persons stolen Rs.500/- from the bag of Swami Ananda Nanda Giri and Rs.3000/- from the bag of Sidhartha Aludhe. The said culprits were also trying to snatch the bag of foreigners. Hence, this case.

5. Learned counsel for the Petitioner submits that there is absolutely no material against the Petitioner to connect him with the alleged offences. He further submits that there is no specific overt-act attributed to the present Petitioner. He further submits that the Petitioner is in custody since 14.03.2025 and charge-sheet in this case has been filed on 30.03.2025. Hence, he submits that the Petitioner may be enlarged on bail.

6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

7. Without going into the merit of the case and considering the facts and submission made; this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the Petitioner on bail in the aforesaid case on stringent terms and conditions with further conditions that:-

i. The Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. till submission of charge-sheet ii. The Petitioner shall not indulge himself in any criminal offence while on bail;

iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner, after the onset of monsoon (during June, 2025 to August, 2025) shall plant 100 saplings 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.

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

8. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required.

9. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the Petitioner will maintain those plants for a period of two years.

10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the Petitioner by supplying the necessary saplings.

11. The BLAPL is, accordingly, disposed of.

(Dr. S.K. Panigrahi)

Judge Narayan Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Lo