IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9148 of 2024
.....
Pravat Kumar Behera Petitioner
Represented By Adv. –
Mr. Kashinath Pattanaik
-versus-
.....
State Of Odisha Opposite Parties
Represented By Adv. –
Mr. Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
31.08.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for both the parties and perused the
records.
3. The present application has been filed under Section 482 of
BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection
with G.R. Case No.945 of 2024, arising out of Basudevpur P.S. Case
No.599 of 2024, pending on the file of learned J.M.F.C., Basudevpur,
for alleged commission of offences punishable under Sections
318(4)/351(3) of BNS 2023.
4. It is stated by the learned counsel for the Petitioner that the
Petitioner has not been named in the F.I.R. He further contended that
as per the F.I.R. allegation, the money was transferred to the account
of the principal accused Bidhan Hazira through one Pabitra Mallick.
He further submitted that above Bidhan Hazira and Pabitra Mallick
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has been arrested and they are in custody. Learned counsel for the
Petitioner further submitted that since the police summoning the
Petitioner, Petitioner apprehends the arrest on false implication. It
was also contended that the Petitioner does not have any criminal
antecedent.
5. Considering such submission, the Arresting Officer is directed
to follow the mandatory procedure of Section 35(3)(4)(5) of BNSS,
2023, if the same is applicable to the facts of the present case in view
of the principle laid down by the Hon’ble Supreme Court in the case
of Satender Kumar Antil -vrs.- Central Bureau of Investigation &
Another, reported in 2022 LiveLaw (SC) 577.
6. With the aforesaid observation, the bail application is disposed
of.
Issue urgent certified copy of the order as per Rules.
( A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 02-Sep-2024 19:52:13
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