Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1739 of 2025 Satyabrata Nayak ..... Petitioner
Represented By Adv. - Bijay Kumar Behera -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Ms. S.Nayak, A.S.C. M/s Ashok Kumar Behera, Adv.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 07.05.2025
04.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.
3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Chandaka P.S. Case No.229 of 2024, corresponding to G.R. Case No.1250 of 2024, pending in the court of learned J.M.F.C.(O), Bhubaneswar, for alleged commission of offences punishable under Sections 386/387/307/506/34 I.P.C. read with U/s-25/27 Arms Act and U/s-9-B of Explosive Act.
4.
Learned counsel for the petitioner at the outset contended that in the meantime the matter has been amicably settled between the
Page 2 of 3. informant and the accused person. In the aforesaid context learned counsel for the petitioner referred to the affidavit filed by the informant on 04.04.2025. He further submitted that the affidavit filed by the informant clearly reveals that due to a misunderstanding the present case was foisted and in the meantime the matter has been amicably resolved and the informant does not want to proceed further in the matter.
5. On the basis of the aforesaid affidavit learned counsel for the State on instruction of the IIC of the concerned police station vide letter dated 07.05.2025 from the ACP I/C Chandaka police station, contended that the matter has been amicably settled by the complainant and the accused in presence of the local gentries without any protest.
6. In view of the aforesaid development the Petitioner is directed to surrender before the Court in seisin over the matter within a period of four weeks from today and move 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. In the event it is found by the learned court below that the Petitioner is having more than one criminal antecedent, then this order shall automatically stand revoked Violation of any of the terms and conditions shall entail cancellation of bail.
7. It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.2,000/- (Rupees two thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account
Page 3 of 3. initially for a period of one 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.
8. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge
Rubi