Kailash Nayak vs State Of Odisha

Dr. Sanjeeb K Panigrahi, J

F.I.R No.

Dated

Police Station

Case No. and Courts’ Name

Sections

52

27.02.2025

Boipariguda

G.R. Case No.223 of 2025 pending in the court of learned S.D.J.M., Jeypore

Section 303(2)/305 BNS, 2023

1. This matter is taken up through hybrid arrangement.

Heard learned counsel for the parties.

The petitioner, who is in custody in connection with Baipariguda P.S. Case No. 52 of 2025, corresponding to G.R. Case No. 223 of 2025, pending before the learned Sub- Divisional Judicial Magistrate (S.D.J.M.), Jeypore, and registered for the alleged commission of offences under Sections 303(2) and 305 of the Bharatiya Nyaya Sanhita, 2023, has filed the present petition seeking his release on bail.

The prosecution case is that the informant, Sukura Challan, discovered that his Hero Splendor Plus motorcycle, bearing Registration No. OD-10-W-0213, had been stolen while it was parked at his relative’s house in Village Nathaguda, where he had gone to attend the Siva Jatra festival. Consequently, he lodged an FIR at Baipariguda Police Station, leading to the registration of Baipariguda P.S. Case No. 52 of 2025. Hence, this case.

The learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in the present case, and there is no credible or incriminating material on record that establishes his involvement in the alleged offences. The petitioner has been in judicial custody since 28.08.2025. In view of the foregoing, it is respectfully prayed that the petitioner be enlarged on bail, as his continued incarceration is unwarranted and disproportionate in the absence of any substantial evidence against him.

Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.

Without delving into the merits of the case, and considering the overall facts and circumstances, it is directed that the petitioner be released on bail in the aforesaid case, subject to stringent terms and conditions as may be deemed just and proper by the learned court seized of the matter, along with the following additional conditions:-

i. the Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.;

ii. the petitioner shall not indulge himself in any criminal offence while on bail; and

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

iv. The Petitioner 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 land for the plantation.

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

The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required.

It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years.

The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.

The BLAPL is, accordingly, disposed of.