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2025 DAILYLAW 10152 (ORI)

SEKH YUSUF v. STATE OF ODISHA

ABLAPL/536/2025 · 2025-01-17

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.536 of 2025 Sekh Yusuf ..... Petitioner Represented By Adv. – Mr. Jyotirmaya Sahoo -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.01.2025 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 Tangi P.S. Case No.09 of 2025, corresponding to G.R. Case No.06 of 2025, pending in the court of learned N.G.N.-cum-J.M.F.C., Tangi, for alleged commission of offences punishable under Sections 303(2)/3(5) of B.N.S. 2023. 4. 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 Page 2 of 2. 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. In the event it is found by the court below that the Petitioner is having more than two criminal antecedents, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioners shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; and he shall not indulge in similar criminal offence and shall not allow his vehicle to be used in similar type of offence while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail. 5. Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.5,000/- (Rupees five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis