Court balanced the right to bail with the seriousness of allegations, enforcing conditions to ensure compliance during trial.

ORDER(ORAL)

21.07.2025 Order No

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Mr. Soumya Ranjan Das, learned counsel for the petitioners by filing a memo, which is taken on record, prays to not press the bail application of petitioner No.2- Deepak Gupta in BLAPL No.6819 of 2025. Accordingly, the bail application of the petitioner No.2-Deepak Gupta in BLAPL No.6819 of 2025 stands disposed of as not pressed and the present bail application is only confined to rest of the petitioners.

3. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

4. These are bail applications U/S.483 of BNS S by the petitioners for grant of bail in connection with Brahamanitarang PS Case No.270 of 2025 corresponding to GR Case No.860 of 2025 pending in the file of learned JMFC (Rural), Rourkela, for commission of offences punishable U/Ss.305/331(4)/317(2)/3(5) of BNS , on the allegation of committing theft of one copper plate weighing 615Kgs from the premises of informant.

5. Heard, Mr. Soumya Ranjan Das, learned counsel for all the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record.

6. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and and regard being had to the pre-trial detention of the petitioners in custody since 14.06.2025 with substantial progress in investigation and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty, this Court without expressing any view on merits admits each of the petitioners to bail.

7. Hence, these two bail applications of the petitioners namely Muna Dhanwar in BLAPL No.6819 of 2025 and Satyanath Sahoo, Bibek Kumar Lala in BLAPL No.6820 of 2025 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS , 2023 in accordance with law, (iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay to the concerned Court, (iv) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of their release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

The above order is subject to verification of the criminal antecedent of similar natur