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2025 DAILYLAW 67347 (ORI)

BISWESWAR GIRI v. STATE OF ODISHA

ABLAPL/4/2025 · 2025-01-06

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4 of 2025 Bisweswar Giri ..... Petitioner Represented By Adv. – Mr. Jayanta Kumar Majhi -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. Samresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.01.2025 Order No. 01. 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 appearing for the State-Opposite Party. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Baliapal P.S. Case No.315 of 2024, corresponding to C.T. Case No.795 of 2024, pending in the court of learned J.M.F.C., Basta, for alleged commission of offences punishable under Sections 303(2)/338/336(3)/340(2)/3(5) of B.N.S. 2023 read with Section 12 of the Orissa Mines Mineral (Prevention of Theft Smuggling Activities), Act, 1989. 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 Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period Page 2 of 2. of four weeks from today and moves 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. In the event it is found by the court below that the Petitioner is having any criminal antecedent, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause. 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. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis