IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11889 of 2024
.....
Manua Das Petitioner
Represented By Adv. –
Mr. Ashutos Dash
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv. –
Mr. P.C. Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
30.10.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 482 of
B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection
with Kujang P.S. Case No.496 of 2024, corresponding to G.R. Case
No.1078 of 2024, pending in the court of learned J.M.F.C.(P),
Kujang, for alleged commission of offences punishable under
Sections 109/115(2)/117(2)/126(2)/296 of B.N.S., 2023.
4. It is stated by the learned counsel for the Petitionre that the
Petitioner does not have any criminal antecedent. He further
contended that although serious allegations have been made in the
F.I.R., however, the injured has not sustained any grievous injury. He
further contended that the Petitioner belongs to the locality, therefore,
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there is no chance of his absconding.
5. Considering the nature of allegation, gravity of offence and the
fact of the case, I am not inclined to grant pre-arrest bail to the
Petitioner. However, it is directed that in the event the Petitioner
surrenders before the Court in seisin over the matter within a period
of four weeks from today and moves an application for bail, the
Court in seisin over the matter shall release him on bail in connection
with the aforesaid case on such terms and conditions as it may deem
just and proper in the facts and circumstances of the case, but subject
to verification of criminal antecedent of the Petitioner as well as
injury report. In the event it is found by the court below that the
Petitioner is having any criminal antecedent or the injuries sustained
by the injured are grievous in nature, then this order shall
automatically stand revoked. The release of the Petitioner shall also
be subject to such other terms and conditions as would be imposed by
the Court in seisin over the matter. Violation of any of the terms and
conditions shall entail cancellation of bail.
6. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 03-Nov-2024 15:51:58
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