Abhi Hembram & Anr vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners being in custody in connection with G.R. Case No. 327 of 2024 arising out of Parjanga P.S. Case No. 227 of 2024 pending in the Court of learned J.M.F.C., Parjanga, Dhenkanal, registered for the alleged commission of offence under Sections 272/273/34 of IPC read with Section 52(a)(i) of Odisha Excise Act, have filed this petition for their release on bail.

The brief facts of the case are that on 11.05.2024 while the informant along with the patrolling party performing the patrolling and Excise raid duty at Kanakadasoda and Ambapalash area at about 05.00 AM received information from a reliable source that the accused and some other persons were preparing country made I/D liquor inside the jungle of village Ambapalash. Immediately, the informant along with the patrolling party at about 05.30 AM rushed to the spot and saw the accused and others were preparing country made I/D liquor inside the jungle. Then they cordon the area and conducted raid and apprehended two persons among them. However, the accused and others were able to escape from the clutch. During search at the spot, they found 30 number of blue colour plastic jerkin. Each jerkin of 50 liters contained 50 ltrs of fresh manufactured ID liquor in total 1500 liters.

During course of investigation, having found prima facie evidence, the present Petitioners were arrested and forwarded  to  the Court in seisin over the matter on 11.05.2024.

At this juncture, learned counsel for the Petitioners submits that the Petitioners have been languishing in custody since 11.05.2024. They have been falsely implicated  in  this  case.  Hence,  he  submits  that  the Petitioners may be released on bail.

Learned counsel for the State vehemently opposes the bail prayer of the Petitioners.

Considering the submissions made by the learned counsel for the parties and having scrutinized the case record, this Court is of the view that the Petitioners deserve to be released on bail. Accordingly, it is directed that the Petitioners be released on bail in the aforesaid case by the Court in seisin over the matter on some stringent terms and conditions with further conditions that :

I. each of the Petitioners after the onset of monsoon, shall plant 50 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioners or their family members;

II. the Petitioners shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 PM.

IV. the Petitioners shall not indulge himself in any criminal activities in future.

V.  the Petitioners shall not tamper the evidence of the prosecution evidence in any manner;

VI. the Petitioners shall not threaten or cause any kind of inconvenience to the victim or the family members of the victim.

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

The IIC of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioners have planted the saplings or not.

It is further made clear that the Petitioners shall file a joint affidavit after plantation of the saplings before the local Police Station assuring that they will maintain those saplings for two years.

The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioners.

This BLAPL is, accordingly, disposed of.

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