2025 Supreme(Online)(Ori) 3044
ORISSA HIGH COURT
DEEPAK SINGH – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL 12999 / 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12999 of 2024 Deepak Singh …. Petitioner Ms. A. Ray, Advocate -Versus-
State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM:
MR. JUSTICE R.K. PATTANAIK ORDER
03.01.2025 Order No.
01. 1. Heard Ms. Ray, learned counsel for the petitioner and Mr.
Ray, learned AGA for the State.
2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with C.T. Case No.1238 of 2024 pending in the file of learned J.M.F.C.-1 (Cog.Taking), Jharsuguda corresponding to Brajarajnagar P.S. Case No.364 of
2024 on the grounds stated therein.
3. Ms. Ray, learned counsel for the petitioner submits that the petitioner is involved in two more cases and in one of the cases, he stands acquitted corresponding to Brajarajnagar P.S. Case No.265 of 2015 dated 10th September, 2015. It is further submitted that in the other case, the petitioner has been chargesheeted under Section 307 IPC read with Sections 25 & 27 Arms Act. Considering the detention of the petitioner from the date of his arrest, i.e., 6th December, 2024, it is lastly submitted that the petitioner should be allowed to go on bail on any terms and conditions, which is objected by Mr.
Ray, learned AGA for the State with the submission that he has criminal antecedent.
4. Perused the rejection order as at Annexure-2.
5. As per the FIR, the petitioner was in fact found at the spot with the allegation that he and other persons had assembled there and were planning to commit dacoity. Some seizures have been shown including the Bhujalis etc. It is informed to this Court that investigation is in progress.
6. Having regard to the custody of the petitioner since the month of December, 2024 and the fact that he claims not have any other criminal antecedent of similar nature, recording the objection of Mr. Ray, learned AGA for the petitioner, this Court is of the view that the petitioner should be released on bail subject to stringent conditions.
7. Hence, it is ordered.
8. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.1238 of 2024 corresponding to Brajarajnagar P.S. Case No.364 of 2024 subject to him furnishing a bail bond of Rs.30,000/-(Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of learned J.M.F.C.-1 (Cog.Taking), Jharsuguda, 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 not commit any similar offence, while on bail and report to the I.O. concerned for the purpose of investigation once a week preferably on Sunday and to continue to do so till the time of investigation is concluded.
9. BLAPL stands disposed of.
10. Issue urgent certified copy as per rules.
(R.K. Pattanaik)
Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 03-Jan-2025 19:35:46