IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10630 of 2024
.....
Pinki Sahu Petitioner
Represented By Adv.
–
A. Tripathy
-versus-
.....
State Of Odisha Opposite Parties
Represented By Adv.
–
Debasis Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
30.09.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Addl.
Govt. Advocate for the State. 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 Rengali P.S. Case No.136 of 2024,
corresponding to G.R. Case No.1636 of 2024, pending in the
court of learned S.D.J.M., Sambalpur, for alleged commission
of offences punishable under Sections 316(3) & 3(5) of BNS.
4. Considering the nature of allegation, gravity of offence
and the facts and circumstances of the case, and the fact that the
Petitioner does not have any criminal antecedent, I am not
inclined to grant pre-arrest bail to the Petitioner. However, it is
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directed that in the event the Petitioner surrenders before the
Court in seisin over the matter within a period of three 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. In the event, the
Petitioner is having any criminal antecedent, then this order
stands automatically revoked.
5. The release of the Petitioner shall also be subject to
following conditions:-
i) shall cooperate with the investigation and appear
before the I.O. as and when his presence is required and shall
cooperate with the early conclusion of the investigation;
ii) shall not indulge in any similar criminal offence in
any manner while on bail;
iii) shall not leave the jurisdiction of the trial without
permission of the trial Court;
Violation of any of the terms and conditions shall entail
cancellation of bail.
6. It is further directed that the bail granted to the Petitioner
is subject to depositing of a cash security of Rs.25,000/-
(Rupees Twenty Five Thousand) before the learned Court in
seisin over the matter, which shall be kept in any Nationalized
Bank in interest bearing account initially for a period of one
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year which will be renewable from time to time till conclusion
of trial and the same shall be abide by the final outcome of the
trial of the case.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Ashok
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Secretary
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 01-Oct-2024 15:39:17
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