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2025 DAILYLAW 66331 (ORI)

BIKASH CHANDRA SAHU v. STATE OF ODISHA

ABLAPL/14955/2024 · 2025-01-02

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.14955 of 2024 Bikash Chandra Sahu ..... Petitioner Represented By Adv. - Susanta Kumar Tripathy -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Ms.Siva Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.01.2025 Order No. 1. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner 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 379, 414,468, 411/34 of the Indian Penal Code. 4. It is stated by the learned counsel for the Petitioner that initially F.I.R. was lodged against unknown person. He further contended that the vehicle which was stolen has been recovered from the possession of one Baisnab Dalai. He further contended that on the basis of Page 2 of 3. the statement of the aforesaid co-accused, the Petitioner has been implicated in the present case. He further submitted that although the Petitioner is having two criminal antecedents, he is ready and willing to abide by the terms and conditions that may be imposed in the event of his release on bail. He also contended that the investigation has been concluded and final Charge Sheet has been filed. 5. Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground that the investigation is on. He also contended that in the event the Petitioner is released on pre-arrest bail, the Petitioner might abscond from justice which would cause delay in conclusion of investigation. 6. Considering the submissions of the learned counsel for the respective parties, on careful examination of the materials on record, the Petitioner is directed to surrender and move for bail before the learned J.M.F.C.(LR), Deogarh in C.T.Case No.370 of 2023 arising out of Deogarh P.S.Case No.243 of 2023 within a period of three weeks from today. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioner 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 Petitioner is having more than two Page 3 of 3. criminal antecedents of similar nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the following additional conditions: i) shall appear before the trial court on each and every date without fail, if not prevented by sufficient cause ii) shall not indulge in similar nature of offence while on bail; iii) shall appear before the concerned P.S. once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of three months. Violation of conditions shall entail cancellation of bail. 7. 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. 8. The ABLAPL is disposed of accordingly. 9 Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS