Orissa High Court
Chenga @ Jamal Khan vs State Of Odisha … Opposite Party on 6 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2944 of 2025
Chenga @ Jamal Khan ... Petitioner
Ms. J. Sarkar, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 06.05.2025 01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by
the petitioner for grant of bail in connection with Tigiria
PS Case No.38 of 2023 corresponding to CT Case No.36
of 2023 pending in the file of learned JMFC, Tigiria, for
commission of offences punishable under Sections 147/
148/ 341/ 186/ 353/ 354/ 323/ 325/ 307/ 506/ 149/
392 of IPC r/w Section 11(1)(a)(d) of the Prevention of
Cruelty of Animals Act and r/w Sections 25/27 of Arms
Act, on the main allegation of assaulting the Police
Officers along with co-accused persons and causing
grievous injuries to them.
3. Heard, Ms. Jemima Sarkar, learned counsel for
the petitioner and Mr. R.B. Mishra, learned Additional
Public Prosecutor in the present matter and perused the
record.
Page 1 of 3
4. After having considered the rival submissions
and taking into consideration the nature and gravity of
the offences as alleged against the petitioner vis-à-vis
the accusations sought to be brought against him and
regard being had to the pre-trial detention of the
petitioner in custody since 17.02.2025 and taking into
account the grant of bail to co-accused Sk. Abdul
Taslim @ Sibaji, Sakil Khan and another in BLAPL
Nos.9906 of 2024 and 3448 of 2023 respectively and
keeping in view the mode, manner and circumstance of
implication of the present petitioner in this case, this
Court without expressing any view on merits admits the
petitioner to bail.
5. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on
bail on furnishing bail bonds of Rs.25,000/- (Rupees
Twenty-five Thousand) only with two solvent sureties
each 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 with following
conditions:-
(i) the petitioner shall not commit any
offence while on bail,
(ii) the petitioner in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordance
with the terms of the bail, the learned
trial Court may proceed against thePage 2 of 3
Petitioner for offence U/S.269 of BNS,
2023 in accordance with law,
(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating his present address of
stay and
(iv) the petitioner shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six(06) months from the actual
date of his release from the custody.
The I.I.C. of Jurisdictional Police Station shall
not detain the petitioner unnecessarily after recording
his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioner
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation
of bail is otherwise made out. In the wake of aforesaid,
the subsequent involvement of the petitioner in future
for similar/grave offences on prima facie accusations
may be treated as a ground for cancellation of bail in
this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Signature Not Verified
Digitally Signed Subhasmita
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 07-May-2025 14:27:28 Page 3 of 3