IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13524 of 2025 Prasanta Mahalik @ Bapunu …... Petitioner Mr. Jayanta Kumar Majhi, Adv.

-Versus-

State of Odisha …. Opposite Parties Mr. Gayatri Patra, ASC CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

23.12.2025 Order No.

01.

F.I.R Dated Police Case No. and Sections No. Station Courts’ Name

153 25.08.2025 Gopalpur C.T Case No.626 of U/S. 140(1), 2025 Pending in the 115(2), Court of learned 118(1),117(2), JMFC(R), Balasore 109(1), 3(5) of BNS

1.

This matter is taken up through hybrid arrangement.

2. The petitioner being in custody in connection with Gopalpur P.S. Case No.153 of 2025, corresponding to C.T Case No.626 of 2025 pending in the Court of learned JMFC(R), Balasore registered for the alleged commission of offence under Section 140(1), 115(2), 118(1),117(2), 109(1), 3(5) of the BNS has filed this petition for his release on bail.

3. The brief fact of the case in short is that on 23.08.2025 at about 4.30 pm, Ajay Malik, the brother of the informant, had gone to a mobile shop at Gopalpur Chhak with his wife and elder sister. While he was purchasing mobile phone from one Lala mobile shop, this petitioner Prasanta Mahalik and other accused persons came and assaulted him by means of a Telenga Katuri. Thereafter they forced him to sit on a motorcycle and took him to a sea coast. The motorcycle was being driven by this petitioner Prasanta Mahalik, while accused Jaga Mahalik was sitting behind him (Ajay). At the sea coast of Talapada accused Jaga placed a gun on his head threatening that if he shouted, he would shoot. Thereafter this petitioner and other accused persons assaulted him by means of sharp cutting weapons such as Kati, Telenga Katuri and Bhujali, for which he sustained serious injuries on his person. Learning that Police was coming, the culprits left the spot. Thereafter police rescued Ajay and shifted him to Gopalpur hospital for treatment. As his condition was serious, he was referred to FM-MCH, Balasore and thereafter he was referred to Cuttack, where he underwent treatment in SCB-MCH, Cuttack. On the written report of the informant, this case was registered and investigation was launched.

The petitioner was arrested and forwarded to Court.

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4. Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 04.09.2025. He further submits that the Petitioner has not named in the FIR. he has been implicated in the case on the basis of confessional statement of the co-accused. In the meantime, investigation has been completed and charge sheet has been submitted on 02.12.2025. The Petitioner has no criminal antecedent to his credit. In view of all these above, when the Petitioner is a permanent resident of District Balasore as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner.

5. Learned counsel for the State vehemently opposes the prayer for bail on the ground that the petitioner is one of the prime culprits. The allegations against him is serious in nature.

6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

i. the petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the conclusion of the trial;

Page 3 of 4 ii. the Petitioner shall not indulge himself in any criminal activities in future;

iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner;

Violation of any of the above conditions shall entail cancellation of the bail.

7. The BLAPL is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge Gitanjali Page 4 of