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2025 DAILYLAW 4856 (ORI)

UTTAM CHARAN ROUT v. STATE OF ODISHA

ABLAPL/14291/2025 · 2026-02-09

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14291 of 2025 Uttam Charan Rout …. Petitioner Mr. Jyoti Patnaik, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.K. Sahu, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 03. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Gop P.S. Case No.161 of 2024 corresponding to G.R. Case No.299 of 2024 pending in the file of learned J.M.F.C., Konark on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Mr. Patnaik, learned counsel for the petitioner submits that the co-accused is on bail pursuant to this Court’s order in ABLAPL No.6494 of 2024. The further submission is that the petitioner has been granted a lease and it was valid as on the date even when the vehicle in question was intercepted by the local police while transporting sand. On a reading of the FIR at Annexure-1, this Court finds that the transit pass was allegedly manufactured. A copy of the order in respect of another accused, namely, Akshay Kumar p. 2 Maharatha in ABLAPL No.6494 of 2024 is produced at the time of hearing and he is stated to be the owner of the alleged vehicle. 4. Ms. Sahu, learned ASC for the State submits that the petitioner is having one more antecedent of similar nature. 5. Having regard to the above facts and the submissions of the learned counsel for the respective parties and since the petitioner was having a valid lease at the time of alleged incident, whereas, the co-accused persons, namely, the driver and the owner of the vehicle have already been released on bail in the meant time, this Court though not inclined to grant pre- arrest bail to the petitioner, however, is of the view that he should be directed to surrender before the court concerned for being released with stringent conditions imposed in view of the fact that he has a similar criminal antecedent. 6. Accordingly, it is ordered. 7. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C., Konark within a fortnight from today, he shall be released on bail in connection with Gop P.S. Case No.161 of 2024 corresponding to G.R. Case No.299 of 2024 subject to him furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the p. 3 facts and circumstances of the case besides the following, such as, he shall cooperate the I.O. in the investigation and to attend the P.S. once in a fortnight preferably on Sunday and to continue to do so, till the investigation is over. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok