Orissa High Court
Debabrata Baral vs State Of Odisha on 7 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.408 of 2024
Debabrata Baral ..... Appellant
Represented By Adv. -
Ramesh Chandra
Behera
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
U.R. Jena, A.G.A.
Saroj Kumar Dash, Adv.
for Informant
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.08.2025
Order No.
1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Appellant-Petitioner as well as
learned counsel for the Informant and learned counsel for the State.
3. The present I.A. has been filed by the appellant praying for
his release on bail under Section 389 of the Cr.P.C.
4. Learned counsel for the Appellant at the outset contended
that the appellant has been convicted vide judgment dated
30.03.2024 in CT (SS) No.143 of 2022 (T.R. No.23 of 2022)
arising out of Town P.S. Case No.236 of 2022 and he has been
sentenced to undergo R.I. for 10 years and to pay fine of
Rs.50,000/- for commission of offence under Section 307 of I.P.C.
in default to undergo R.I. for six months, R.I. for 1 year and to pay
fine of Rs.1000/- for commission of offence under Section 342 of
I.P.C. in default to undergo R.I. for one month, R.I. for 1 year and
to pay a fine of Rs.1000/- for commission of offence under Section
323 of I.P.C. in default to undergo R.I. for one month, R.I. for 7
years and to pay a fine of Rs.50,000/- under Section 325 of the
I.P.C. in default to undergo R.I. for six months and all the sentences
have been run concurrently. Being aggrieved by the aforesaid
judgment of conviction, the appellant has preferred the present
criminal appeal.
5. On perusal of the record it appears that the appeal was
admitted on 15.07.2024. While considering the bail application, this
Court vide order dated 29.07.2025, call for a report from the I.I.C.
of the local police station with regard to the health condition of the
injured. Accordingly, learned counsel for the State produced a copy
of the instruction 07.08.2025.
6. On perusal of the said instruction it appears that the condition
of the injured is good although the injured, namely, Piali Baral has
been advised for regular check-up. The instruction further reveals
that the injured persons apprehend danger to their life, in the event
the convict-petitioner would be released on bail.
7. Learned counsel for the appellant-convict contended that the
appellant is languishing in custody since more than 3 months. He
further contended that there is no possibility of appeal is being
heard in the near future. In such view of the matter, learned counsel
for the appellant contended that taking into consideration the
seriousness of the offence and the fact that the injured persons have
recovered in the meantime and their condition is good, the
appellant be released on bail any terms and conditions.
8. Learned counsel for the Informant on the other hand
submitted that the informant does not have any objection in the
event the appellant is released on bail. It may not be out of place to
mention here that the informant is the father of the appellant and
the injured persons are the family members of the informant.
9. Learned counsel for the State on the other hand objected to
the release of the appellant on bail on the ground of gravity and
seriousness of the crime. He further submitted that as per the report
of the I.I.C., Town P.S., Dhenkanal, the injured persons apprehend
danger to their life in the event the appellant be released on bail by
this Court. He further submitted that one of the injured, namely,
Piali Baral is still undergoing treatment at the moment.
10. Considering the submissions made by learned counsels
appearing for the respective parties, on a careful examination of the
background facts, further taking into consideration the fact that the
appellant, injured as well as the informant belong to one family and
the condition of the injured is good as per the report dated
07.08.2025, this Court is inclined to release the appellant on bail on
stringent conditions.
11. Accordingly, it is directed that the appellant be released on
bail by the learned trial court subject to stringent conditions that
would be imposed of by the learned trial court at the time of the
release of the appellant on bail. Further, it is made clear that in the
event the appellant shall violate any of the bail condition, it would
be open to the learned trial court to take immediate coercive
measures and take the appellant-convict back into custody without
seeking for any order or direction from this Court.
12. The I.A. is, accordingly, disposed of.
13. List this appeal after four weeks.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-Aug-2025 17:10:52
