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2025 DAILYLAW 62029 (ORI)

JATI NAHAK v. STATE OF ODISHA

ABLAPL/12519/2024 · 2025-01-06

Aditya Kumar Mohapatra

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Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12519 of 2024 1) Jati Nahak ..... Petitioners 2) Krushna Charcha 3) Linga @ Lingaraj Charcha 4) Purna Bastia Represented By Adv. - Abhijit Das -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Ms.Siva Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.01.2025 Order No. 2. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the records. 3. This is an application under Section 482 of BNSS, 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 109(2), 324(2), 3(5) of B.N.S., 2023 read with Sections 3,4,9(b) of Explosive Substance Act, 1908. 4. Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Page 2 of 3. Petitioners surrender and move for bail before the learned J.M.F.C., Rural, Berhampur in G.R.Case No.1339 of 2024 arising out of Nimakhandi P.S.Case No.263 of 2024 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioners are having more than two criminal antecedents of similar nature, this order shall not be given effect to. Release of the Petitioners shall be subject to the following additional conditions: i) shall cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation; ii) appear before the local P.S. once in a fortnight for a period of three months preferably on Sunday between 10 A.M. to 1 P.M. iii) shall not indulge in similar nature of offence while on bail; Violation of condition shall entail cancellation of bail. 5. Additionally, the Petitioner shall furnish a cash security of Rs.3,000/- (Rupees Three thousand ) before the learned court in seisin over the matter, and shall be kept in any Nationalised 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 3 of 3. . 6. The ABLAPL is disposed of accordingly. 7. Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS