Sultan Singh vs State of Odisha

G. Satapathy, J.

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri PS Case No.488 of 2025 corresponding to CT Case No.04 of 2026 (GR Case No.597 of 2025) pending in the file of learned Additional Sessions Judge, Malkangiri, for commission of offences punishable U/Ss.310(2)/61(2) of BNS, on the main allegation of committing robbery from the informant by assaulting him and taking away a sum of Rs.3,00,000/- from his room and Rs.80,000/-through PhonePe by putting him in fear of death on the point of knife and using his PhonePe password.

Heard, Mr. Sudhanshu Sekhar Dash, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 4. Mr. Sudhanshu Sekhar Dash, learned counsel for the petitioner volunteers to withhold bail to the petitioner, if he is found not acquitted in six out of seven criminal cases shown against him as antecedents.

Admittedly, the petitioner is in custody since 13.09.2025, but in the meantime, the sole identifying witness-cum-informant while being examined as PW1 has not supported the prosecution allegation against the petitioner and he failed to identify the accused persons including the petitioner in the trial, however, the petitioner was stated to have some criminal antecedents, but the petitioner in his bail application has stated that he was acquitted in six out of seven criminal cases shown against him as antecedents. In view of the aforesaid facts and circumstances and taking into account the materials so placed on record keeping in view the evidence of witnesses so far examined, this Court without expressing any view on merits, admits the petitioner to bail, but subject to verification of his criminal antecedents.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found not acquitted in six out of seven criminal cases shown against him as antecedents.

Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.