Conditions imposed for bail include community service and restrictions on criminal activity.

DR.JUSTICE S.K. PANIGRAHI Order ORDER No. 30.05.2025

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

2. Heard learned counsel for the parties.

3. The petitioner being in custody in connection with GR Case No.80 of 2025 arising out of Motanga P.S. Case No. 65 of 2025, pending in the court of learned JMFC (Cog. Taking) Dhenkanal, registered for the alleged commission of offence under Section-310(2) of BNS, 2023 read with Section 25(1- A)/25(6)/27(1) of Arms Act, 1959 , has filed this petition for his release on bail.

4. The prosecution allegation in nutshell is that one Dhananjay Rout lodged a written report before the IIC, Motanga P.S. alleging therein that on 03.02.2025 at about 9.40 PM while he along with his friend, Satyajit Sahu was returning to their house by means of bullet, bearing Regd. No. OD-06K-4666, after closing their shops at Kantabania bazar. On the way at Railway under pass near Meramandali Bazar, 7 to 8 unknown miscreants suddenly came in a white colour Bolero having no number plate, restrained them and got off from the Bolero by covering their face in mask. The unknown miscreants put one big knife on the neck of Dhananjaya and Satyajit and demanded to deliver the money, mobile phones and other documents. In fear of death, Dhananjaya Rout gave an amount of Rs. 1,70,000/- (One lakh and seventy thousand rupees only), one mobile phone inserted with SIM No. 9777483049 and 8249830251 having IMEI-1 No. 869940041103554. IMEI-2 No. 869940041103547. Satyajit Sahoo gave an amount of Rs. 50,000/- (Fifty thousand rupees only and two mobile phones from which one was inserted with SIM No. 9040813136. 7978038989 and second one was inserted with SIM No.

7077056165 having IMEI 1 No. 899768053809333 and IMEI 2 No. 899768053809325, ATM card, passport, credit card, one shop key and a bag which contained some other important documents. After that the miscreants fled from there towards Kantabania in high speed. Hence, this case.

5. Learned counsel for the Petitioner submits that the petitioner has been implicated in this case on the basis of confessional statement of co-accused. He further submits that the co-accused who is similarly situated with the Petitioner has already been released on bail by order of this Court passed in BLAPL No.4200 of 2025. He further submits that the petitioner is in custody since 17.02.2025 and in the meantime, charge-sheet in the case has been filed on 08.05.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed.

6. Learned counsel for the State vehemently opposes the prayer for bail in view of the nature of allegations against the Petitioner.

7. 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 in the aforesaid case. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just with further condition that:-

i. The Petitioner shall not indulge himself in any criminal offence while on bail and appear before the trial court as and when the matter get listed.

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

iii. The Petitioner, after the onset of monsoon (in between the month of June and 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 la