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2025 DAILYLAW 61501 (ORI)

BAGADI RAMAKRISHNA @ R.K.BAGADI v. STATE OF ODISHA

ABLAPL/12287/2024 · 2025-01-13

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12287 of 2024 Bagadi Ramakrishna @ R.k.bagadi ..... Petitioner Represented By Adv. - Ajit Kumar Mohanty -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.01.2025 Order No. 03. 1. This matter is taken up through Hybrid 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 Baragarh Sadar P.S. Case No.116 of 2024, corresponding to C.T. Case No.440 of 2024, pending in the court of learned S.D.J.M., Baragarh, for alleged commission of offences punishable under Section 379 of IPC read with Section 3 of Explosive Substances Act, 1908 read with Section 15 of Petroleum & Pipe Lines (Acquisition of Right of User in Land) Act, 1962 and Section 3 of Prevention of Damage to Public Property Act, 1984. 4. Considering the nature of allegation, gravity of offence and Page 2 of 3. the facts and circumstances 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 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, the Petitioner is having more than three criminal antecedents, then this order stands automatically revoked. 5. 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 appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; iii) shall not indulge in any similar criminal offences while on bail; iv) shall appear before the local Police Station once in a fortnight for a period of four months preferably on a ‘Sunday’ in between 10:00 A.M. to 1:00 P.M.; Violation of any of the terms and conditions shall entail cancellation of bail. Page 3 of 3. 6. Page 3 of 3. 6. It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.5,000/- (Rupees Five Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account 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. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge S.K. Rout