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2025 DAILYLAW 66735 (ORI)

CHAITAN GANGAI@CHAITANYA GANGAI v. STATE OF ODISHA

ABLAPL/14997/2024 · 2025-01-02

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14997 of 2024 1) Chaitan Gangai @ Chaitanya Gangai ..... Petitioners 2) Sri Rabindra Gangai Represented By Adv. – Mr. Arun Kumar Behera -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Smt. Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.01.2025 Order No. 01. 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 appearing for the State-Opposite Party. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Talasari Marine P.S. Case No.115 of 2024, corresponding to C.T. Case No.833 of 2024, pending in the court of learned Gramya Nyayalay-cum-J.M.F.C., Bhograi, for alleged commission of offences punishable under Sections 329(3)/324(4)/303(2)/115(2)/74/296/127(2)/351(2)/3(5) of B.N.S. 2023. Page 2 of 3. 4. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners surrender 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 them 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 Petitioners as well as injury report. In the event it is found by the court below that the Petitioners are having more than one criminal antecedent or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioners shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required by the I.O. for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall not threaten/harass/terrorize the Informant or any of the prosecution witnesses in any manner whatsoever while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail. 5. Further, the release of the Petitioners shall also be subject to furnishing a cash security of Rs.2,000/- (Rupees two thousand) each before the Court in seisin over the matter which Page 3 of 3. shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis