Tuna Das & Ors vs State Of Odisha

Dr. Sanjeeb K Panigrahi, J

F.I.R No

Dated

Police Station

Case No. and Courts’ Name

Sections

62

28.03.2025

Nemalo

G.R. Case No.117 of 2025 pending in the court of learned J.M.F.C., Nischintakoili

Section 331(a)/305 BNS, 2023

1. This matter is taken up through hybrid arrangement.

Heard learned counsel for the parties.

The petitioners, being in custody in connection with Nemalo P.S. Case No.62 of 2025 corresponding to G.R. Case No.117 of 2025 pending in the court of learned J.M.F.C., Nischintakoili, registered for the alleged commission of offences under Section 331(a)/305 BNS, 2023, have filed the present petition seeking release on bail.

The prosecution case is that the informant named Managovinda Das lodged a written report before the Nemalo P.S on 28.03.2025 alleging therein that on 27.03.2025 at about 2.00 A:M, while the informant woke up, he found his front and back door was opened and his family members are locked from the outside. Some unknown culprits have entered and taken away trunk and attachee containing cash of Rs. 75,000/-, gold ear flower, one chain, one ring, one pair pauji. They also taken away cash of Rs.90,000/-, trunk, two nos. of ear flower, two nos. of ring, locker-2 nos., property document, LIC bond, 02 nos. of bank ATM card of his brother. Hence, this case.

Learned counsel for the Petitioner submits that the Petitioners are no way connected with the offences as alleged by the prosecution in any manner. He further submits that nothing has been seized from the exclusive possession of the Petitioners. He further contends that the co-accused persons have already been released on bail vide BLAPL No.5307 of 2025 by the co-ordinate Bench of this Court. The Petitioners are in custody since 11.05.2025. Hence, he submits that the Petitioners may be enlarged on bail.

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

Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioners be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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

ii. The petitioners shall not indulge themselves in any criminal offence while on bail.

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

iv. The Petitioners shall plant 50 saplings each 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 petitioners or their 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 Petitioners have planted the saplings as required.

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

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

The BLAPL is, accordingly, disposed of.