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Orissa High Court
Raju@Rajesh Nayak vs State Of Odisha ..... Opposite Parties on 15 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
I.A. No.1080 of 2025 Arising out of disposed of
BLAPL No.6966 of 2024
Raju@Rajesh Nayak ..... Petitioner
Represented by Adv. -
Ramesh Agarwal
-versus-
State Of Odisha ..... Opposite Parties
Represented by Adv. -
M/s. Pranab Ranjan
Chhatoi A.mishra
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
15.01.2026
Order No.
03. 1. This matter is taken up through hybrid mode.
2. The Petitioner has filed this I.A. praying for
lifting/waiving out the Condition No.(iv) in Para No.9 of his Bail
Order dated 26.11.2024 passed in BLAPL No.6966 of 2024.
3. As per Condition No.(iv) in Para No.9 of his Bail Order
passed on dated 26.11.2024 in BLAPL No.6966 of 2024,
"he (petitioner-Raju @ Rajesh Nayak) was
directed to furnish cash security to the tune of
Rs.10,00,000/- (rupees ten 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 learned Trial court."
4. Thereafter, the learned counsel for the Petitioner had filed an
I.A. vide I.A. No.204 of 2025 praying for lifting/waiving out the
above condition No.(iv) in Para No.9 of the bail order dated
26.11.2024 passed in BLAPL No.6966 of 2024.
5. After hearing the said I.A. vide I.A. No.204 of 2025 on dated
08.04.2025, this Court had modified the above condition No.(iv) in
Para No.9 of the bail order dated 26.11.2024 passed in BLAPL
No.6966 of 2024 reducing the deposit amount of the cash security by
the Petitioner from Rs.10,00,000/- (rupees then lakh) to
Rs.6,00,000/- (rupees six lakh) keeping other conditions as well as
the mode of its deposit indicated in condition No.(iv) in Para No.9 of
the bail order dated 26.11.2024 passed in BLAPL No.6966 of 2024
intact (unaltered).
6. This I.A. has been filed by the petitioner stating that, in spite
of reduction of the deposit of the cash security from Rs.10,00,000/-
(rupees then lakh) to Rs.6,00,000/- (rupees six lakh) as per order
dated 08.04.2025 passed in I.A. No.204 of 2025, the Petitioner has
not been able to deposit such amount on the ground of his
incapability to deposit, for which, he (Petitioner) has not been
released on bail as yet in spite of his bail order in his favour since
26.11.2024, for which, he (petitioner) filed this I.A. praying for
lifting/waiving out the entire condition No.(iv) in Para No.9 of his
bail order dated 26.11.2024 passed in BLAPL No.6966 of 2024.
7. Heard from the learned counsel for the Petitioner and the
learned SC for the state.
8. 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".
9. 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.9 of the bail Order dated 26.11.2024
passed in BLAPL No.6966 of 2024 through modification of the
same by the final order of this I.A.
10. Therefore, this I.A. filed by the petitioner is allowed.
11. The condition No.(iv) in Para No.9 of the bail order dated
26.11.2024 passed in BLAPL No.6966 of 2024 is lifted (waived
out) through modification of the same by this Order passed in this
I.A.
12. The petitioner can utilize the order passed on dated
26.11.2024 in BLAPL No.6966 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.
13. Urgent certified copy of this Order be granted to the petitioner
on proper application.
Signed by: BINAYAK SAHOO Judge
Reason: Authentication Binayak
Location: High Court of Orissa, Cuttack
Date: 16-Jan-2026 11:21:07
