Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 22-Apr-2025 [Link]
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2185 OF 2025
Bhabagrahi Pradhan …. Petitioner
Mr. Sanjib Kumar Bhanjadeo, Adv.
-versus-
State of Odisha …. Opposite Party
Mr. Pradipta Satpathy, ASC
CORAM:
[Link] S.K. PANIGRAHI
Order No. ORDER
01. 21.04.2025
F.I.R. Dated Police Station Case No. and Sections
No. Courts’ Name
105 09.02.2025 Kabisuryanagar G.R. Case Sections 274/ 275
No.104 of 2025 of the Bharatiya
pending in the Nyaya Sanhita
court of (BNS), 2023 r/w.
learned Section 52(a) of
J.M.F.C., the Odisha
Kabisuryanagar Excise Act, 2008.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned counsel
for the State.
3. The Petitioner being in custody in connection with
Kabisuryanagar P.S. Case No.105 of 2025 corresponding to G.R.
Case No.104 of 2025 pending in the Court of the learned
J.M.F.C., Kabisuryanagar, registered for the alleged
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Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 22-Apr-2025 [Link]
commission of offences under Sections 274/ 275 of the
Bharatiya Nyaya Sanhita (BNS), 2023 r/w. Section 52(a) of the
Odisha Excise Act, 2008, has filed this petition for his release on
bail.
4. It is alleged in the F.I.R. by the complainant A.S.I. T. Yourampa
Sabar of Kabisurnagar Police Station that that on 09.02.2025 at
10.00 AM he reported that while he along with his staff
conducting day patrolling-cum-excise raid duty at Nimundia,
Kaniary, Hatiota, at about 6.05 AM, he received information
that one Bhabagrahi Pradhan was selling ID liquor mixing of
naxious and FL in his betel shop without license. Hence, he and
his staff conducted raid and apprehended the accused person
and seized 22 Ltrs. of ID liquor and 3.250 Ltrs. FL in presence of
the witnesses.
5. Learned counsel for the Petitioner submits that the Petitioner
has been falsely implicated in this case. There is no
incriminating material available against the present Petitioner
to implicate him in the alleged offences. The Petitioner is
languishing in custody since 09.02.2025. Hence, he submits that
the Petitioner may be enlarged on bail.
6. Learned counsel for the State vehemently opposes the prayer
for bail of the Petitioner.
7. Without delving into the intricacies of the case or the merits of
the allegations, and in light of the facts and circumstances at
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Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 22-Apr-2025 [Link]
hand, this Court is of the view that the Petitioner should be
granted bail by the court in seisin over the matter, subject to
stringent terms and conditions. The conditions are as follows:-
i. The Petitioner shall appear before the trial court on
each date of posting of the case;
ii. The petitioner shall not indulge himself in any
criminal offence while on bail;
iii. The petitioner shall not tamper with the evidence or
intimidate the prosecution witnesses in any manner;
and
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 the land for plantation.
Violation of any of the above conditions shall lead to
cancellation of the bail.
8. 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.
9. It is further directed that the Petitioner shall file an affidavit
before the local Police Station, confirming that the saplings
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Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 22-Apr-2025 [Link]
have been planted and that the Petitioner will maintain them
for a period of two years.
[Link] District Nursery/District Forest Officer (D.F.O.) shall
extend assistance to the Petitioner by supplying the necessary
saplings.
11. Accordingly, this BLAPL is disposed of.
(Dr. S.K. Panigrahi)
Judge
B. Jhankar
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