Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5602 of 2024 Rinku @ Ashok Kumar Das ..... Petitioner Represented By Adv. - Jayakrishna Mohapatra -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Patra, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 13.01.2025 09. 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 Marine Balaramgadi P.S Case No. 24 of 2018 corresponding to G.R. Case No.20 of 2018, pending in the court of learned S.D.J.M., Balasore for alleged commission of offences punishable under Sections 302/201 of I.P.C. 4. It is stated by the learned counsel for the petitioner that initially an UD Case was registered in connection with the death of the deceased. Since the death was found to be under suspicious circumstances, a case was registered for commission of offence Page 2 of 3. punishable under Sections 302/201 of I.P.C in the year 2018. Thereafter, the investigation has been continuing. Learned counsel for the petitioner further submitted that till date no charge sheet has been filed. He further submitted that the police is searching for the petitioner in connection with the present case. As a result of which there exits an apprehension of arrest of the present petitioner. Accordingly, the petitioner has approached this Court by filing the present bail application. He further contended that the petitioner does not have any criminal antecedent and that he is in no way involved in the present case. He further submitted that there exists no material against the present petitioner. He further submitted that the police is searching for the petitioner on the basis of the apprehension as the petitioner happens to be the brother-in-law of the deceased. 5. Learned counsel for the State on the other hand objected to the release of the petitioner on bail on the ground that the allegations made in the F.I.R. are grave and serious in nature. He further submitted that although the F.I.R. was initially lodged against the unknown accused persons. Furthermore, it was submitted that the police is continuing the investigation work and in the course of the investigation the petitioner is required to be examined by the police. However, the petitioner is not cooperative. On such grounds, learned counsel for the State submitted that the application of the petitioner for pre-arrest bail be rejected at this juncture. 6. Considering the nature of allegation, gravity of offence and the surrounding facts 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, Page 3 of 3. 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. 7. 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 similar criminal offences while on bail. III) shall not harass, threaten or terrorise the informant and any prosecution witnesses. IV) shall appear before the learned trial court on each and every date fixed unless prevented by any sufficient cause. Violation of any of the terms and conditions shall entail cancellation of bail. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Rubi