Orissa High Court
Toyeb Alli Molla vs State Of Odisha ... Opposite Party on 29 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10401 of 2024
Toyeb Alli Molla ... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 29.04.2025
09. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS by the
petitioner for grant of bail in connection with Basta
P.S. Case No.191 of 2022 corresponding to C.T.
Case No.494 of 2022 pending in the file of learned
J.M.F.C., Basta for commission of offences
punishable U/S.395 of IPC r/w. Section 25/27 of
Arms Act, on the allegation of committing dacoity in
the bank and taking away cash of Rs.8Lakhs and
some odd and other valuables including mobiles along
with co-accused persons.
3. Heard, Mr. Suryakanta Dwibedi, learned
counsel for the petitioner and Mr. R.B. Mishra, Addl.
PP in the matter and perused the record including the
certified copy of the entire order sheet of Case No.N-
158 of 2018 of the Court of learned Addl. Sessions
Judge, 6th Court, Barasat, North 24-Parganas which is
taken on record, wherein the petitioner was found to
be in custody till 25.08.2022 w.e.f. 18.08.2018.
3.1. It is apparently clear that the occurrence was
stated to have taken place on 22.07.2022 as the FIR
discloses its registration on the very same day of
occurrence, but fact remains that the petitioner was
in custody on that day as per the certified copy of the
order sheet of Case No.N-158 of 2018 of the Court of
learned Addl. Sessions Judge, 6th Court, Barasat,
North 24-Parganas together with the judgment
passed therein. The prayer for bail of the petitioner is
also opposed to on the ground of his criminal
antecedent, but the aforesaid facts, however,
discloses no prima facie case against the petitioner
and thereby, the criminal antecedent, if any, of the
petitioner is hardly of any significance.
4. In view of the above facts and after having
considered the rival submissions and taking into
consideration the nature and gravity of the offence as
alleged against the petitioner vis-à-vis the
accusations sought to be brought against him and
regard being had to pre-trial detention of the
petitioner in custody since 25.04.2024 and taking into
account the other circumstances on record in
entirety, 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.1,00,000/-
(Rupees One Lakh) 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 and,
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 the
Petitioner for offence U/S.269 of
BNS,2023 in accordance with law.
iii) 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 three (03) months from the actual date
of release from the custody,
The IIC 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 any grave/similar offence 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
S.Sasmal
Location: High Court of Orissa
Date: 30-Apr-2025 14:10:15
