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2025 DAILYLAW 38005 (ORI)

UTTAM GAIN v. STATE OF ODISHA

ABLAPL/6396/2025 · 2025-06-17

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 6396 of 2025 Uttam Gain …. Petitioner Mr. B.K. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 17.06.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with 2(b) C.C. Case No.06 of 2025 pending on the file of learned J.M.F.C., Motu arising out of O.R. Case No.1 of 2025-26 for commission of offences punishable under Sections 39(1)/ 39(1)(d)/ 39(2)/ 39(3)/ 48/ 48(A) and Punishable U/s 51 of Wildlife (Protection Amendment Act) 2022. 3. It is submitted by the learned counsel for the Petitioner that the Petitioner was released on anticipatory bail by this Court by order dated 12.05.2025 in ABLAPL No.5276 of 2025 subject to verification of criminal antecedent. p. 2 4. It is submitted by the learned counsel for the Petitioner that inadvertently the criminal antecedent of the Petitioner could not be brought to the notice of this Court and the Petitioner does not have any criminal antecedent of similar nature. Hence, this application. 5. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the criminal antecedent and the conduct of the Petitioner. 6. Taking into account the nature of allegation and that the criminal antecedent not being under the similar offence and the nature of the criminal antecedent, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 7. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 8. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. p. 3 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha