Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12707 of 2024 Sheikh Jainul @ Jainul Sheikh ..... Petitioner Represented By Adv. - Tukuna Kumar Mishra -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – S.Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.01.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 310 (2) of I.P.C. and Section 25 of Arms Act in G.R. Case No.559 of 2024 of the Court of learned J.M.F.C., Umerkote arising out of Dabugaon P.S. Case No.192 of 2024. 4. It is stated by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further submitted that initially the F.I.R. was lodged against unknown accused persons. Further, referring to the statement of one of the Page 2 of 4. principal accused, namely, Malay Deep, learned counsel for the Petitioner submitted that the said accused person, in his 161 of Cr.P.C. statement, has stated before the police that the present petitioner had provided information with regard to collection of money by the informant. Thereafter, other accused persons committed the dacoity and distributed the money among them. Referring to the statement of the aforesaid accused, learned counsel for the Petitioner further contended that the Petitioner did not participate in the crime instead he had provided the information only. He further contended that the Petitioner does not have any criminal antecedents. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. In course of his argument, he also referred to statement of some of the witnesses and submitted that the Petitioner was very much a part of the crime syndicate and he had provided the information for commission of the crime. He further contended that since the investigation is going on, the release of the Petitioner at this stage on pre-arrest bail would adversely affect the on-going investigation. 6. On a careful examination of the case diary as well as materials on record, further taking note of the statement of some of the principal accused, namely, Malay Deep, this Court, prima facie, finds that although the Petitioner provided information, however, it does not appear that he participated in the crime. Moreover, the statement of the principal accused further reveals that the money was distributed amongst other co-accused persons except the present Petitioner. Page 3 of 4. 7. Further taking note of the role played by the present Petitioner in the alleged crime, coupled with the fact that the Petitioner does not have any criminal antecedent, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in similar type of offences while on bail; II. shall cooperate with the investigation and appear before the Investigating Officer as and when his presence is required by the I.O. for the purpose of investigation; and III. shall not default in attending before the court during trial on each date of posting, if not prevented by sufficient cause. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousands) of 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. Page 4 of 4. 9. It is further directed that the bail granted to the petitioner is subject to verification of criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this order stands automatically revoked. 10. The ABLAPL is disposed of accordingly. 11. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil