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Orissa High Court
Rajesh Kumar Mohanty vs State Of Odisha ..... Opposite Parties on 7 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
I.A. No.1157 of 2025 arising out of disposed of
BLAPL No.13096 of 2024
Rajesh Kumar Mohanty ..... Petitioner
Represented by Adv. -
Bishnu Prasad Pradhan
-versus-
State Of Odisha ..... Opposite Parties
Represented by Adv. -
Mr.G.Mohanty, SC
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
07.01.2026
Order No.
03. 1. This matter is taken up through hybrid mode.
2. Heard from the learned counsel for the Petitioner and
the learned standing counsel for the State.
3. The Petitioner has filed this I.A. praying for
modification of Condition No.(iv) in Para No.8 of his Bail Order
dated 24.01.2025 passed in BLAPL No.13096 of 2024.
4. As per Condition No.(iv) in Para No.8 of his Bail Order
passed on dated 24.01.2025 in BLAPL No.13096 of 2024,
"he (petitioner-Rajesh Kumar Mohanty) shall
furnish cash security to the tune of Rs.4,00,000/- (rupees
four lakh) only in the shape of S.T.D.R. obtained from
any Nationalized Bank initially for a period of 6 months
renewable from time to time till final disposal of the case
with an undertaking by the Petitioner that, the payment
of the matured amount as against the S.T.D.R. shall be
subject to any order passed under BNSS, 2023 including
an order under Section 395 of the BNSS, 2023 by the
Trial court, but in case of his failure to comply any one
of the aforesaid conditions including condition No.(iv),
the court in seisin over the matter was authorized to
cancel his bail order outrightly without seeking any
permission for the same from this Court."
5. The learned counsel for the Petitioner submitted for lifting the
above condition No.(iv) in Para No.8 of the bail order dated
24.01.2025 passed in BLAPL No.13096 of 2024 of the petitioner on
the ground that, after his aforesaid bail order, due to his financial
hardship in depositing the aforesaid amount as cash security for his
release on bail, he (petitioner) has not been released on bail as yet in
spite of passing of his bail order since 24.01.2025, for which, he
(petitioner) filed this I.A. praying for lifting/waiving out the above
condition No.(iv) in Para No.8 of his bail order passed in BLAPL
No.13096 of 2024.
6. It has been clarified by the Apex Court in Para No.24 of the
judgment dated 28.07.2025 passed in Criminal Appeal No.3219 of
2025 between Gajanan Dattatray Gore Vrs. The State of
Maharashtra and another that,
"there shall not be a single order that, the High
Courts and the Trial Courts shall pass for grant of
regular bail or anticipatory bail on the basis of any
accused or his/her family members giving an undertaking
to deposit a particular amount. The plea shall be decided
strictly on merits in accordance with law. If the case is
made out on merits, the court may exercise its discretion
and if no case is made out on merits the court shall reject
the plea for regular bail or anticipatory bail as the case
may be. However, in any circumstances the High Courts
or trial courts shall not pass a conditional order of
regular bail or anticipatory bail".
7. So, by applying the above principles of law enunciated by the
Apex Court in Para No.24 of the Judgment passed in C.A. No.3219
of 2025 between Gajanan Dattatray Gore Vrs. The State of
Maharashtra and another, it is felt proper to lift (waive out)
Condition No.(iv) in Para No.8 of the bail Order dated 24.01.2025
passed by this Court in BLAPL No.13096 of 2024 through
modification of the same by the final order of this I.A.
8. Therefore, this I.A. filed by the petitioner is allowed.
9. The condition No.(iv) in Para No.8 of the bail order dated
24.01.2025 passed in BLAPL No.13096 of 2024 is lifted (waived
out) through modification of the same by this Order passed in this
I.A.
10. The petitioner can utilize the order passed on dated
24.01.2025 in BLAPL No.13096 of 2024 as well as this modified
Order passed today in this I.A. for his release on bail.
As such, this I.A. is disposed of finally.
11. Urgent certified copy of this Order be granted to the petitioner
on proper application.
( ANANDA CHANDRA BEHERA)
Judge
Binayak
Location: High Court of Orissa, cuttack
