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2025 DAILYLAW 64446 (ORI)

RASA BIHARI NAYAK v. STATE OF ODISHA

ABLAPL/14215/2024 · 2025-01-17

Aditya Kumar Mohapatra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14215 of 2024 Rasa Bihari Nayak …. Petitioner Mr. A.K. Rout, Advocate -versus- State of Odisha …. Respondent Mr. M.R. Patra, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 17.01.2025 05. amit 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard. 3. The present application has been filed under Section 482 of BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Mahila P.S. Case No.191 of 2024, corresponding to G.R. Case No.698 of 2024, pending in the court of learned S.D.J.M, Cuttack, for alleged commission of offences punishable under Sections 115(2)/296/305/3(5)/85 of BNS, 2023. 4. It is stated by learned counsel for the petitioner that the petitioner is the husband of the informant. He further contended that the in-law family members, who have approached this Court by filing ABLAPL No.14244 of 2024, have been protected under Section 35 of the BNS. He further contended that the injured has 2 not sustained any injury. On such ground, he prays that the petitioner be released on bail on any terms and conditions. He further submitted that the petitioner belongs to the locality, therefore, there is no chance of his absconding. 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. 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 move 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 and injury. In the event it is found by the learned court below that the Petitioner is having similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge