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2008 DAILYLAW 1195 (ORI)

NAGEN BINAYAK v. STATE OF ODISHA

ABLAPL/2008/2026 · 2026-04-15

R K Pattanaik

body2008

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2008 of 2026 Nagen Binayak …. Petitioner Mr. J.K.Panda, Advocate & along with Associates -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Parjang P.S. Case No. 93 of 2016 pending in the file of learned JMFC, Parjang corresponding to G.R. Case No.92 of 2016 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. A copy of the chargesheet is at Annexure-3. The petitioner was on bail vide Annexure-2 but in the meantime, the chargesheet is filed under Section 413 IPC along with Section 379 IPC with other allied offences, hence, he apprehends arrest. It is claimed that the petitioner is alleged of having received coal and hence, has been chargesheeted vide Annexure-3. The petitioner was granting bail vide ABLAPL No. 8226 of 2016 and thereafter, the chargesheet was filed including a higher offence therein. The said chargesheet is filed in the year 2016. In view of the chargesheet i.e. Annexure-3, the learned court below has issued non-bailable warrant of arrest against the petitioner pending execution. Considering the above facts and submissions of learned counsel for the respective parties and as the alleged incident is nearly ten years old and though it is brought to the notice of the Court that he is having seven other criminal antecedents and usually a receiver of stolen property, this Court is inclined to direct the petitioner to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned JMFC, Parjang within a month from today, it is directed that he shall be released on bail in connection with G.R. Case No.92 of 2016 corresponding to Parjang P.S. Case No. 93 of 2016 on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not involve himself in similar criminal activities, while on bail and to furnish an undertaking at the local P.S. in that regard for him having criminal track record. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita