Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.488 of 2025 Sudhansu Moharana ..... Petitioner
Represented By Adv. – Mr. Rajesh Kumar Mahapatra -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. Samresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 19.02.2025
Order No.
I.A. No.169 of 2025
02.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This interlocutory application has been filed by the Petitioner seeking modification of order dated 16.01.2025 passed by this Court in the aforesaid bail application.
3. Heard learned counsel for the Petitioner as well as learned counsel for the State.
4.
Learned counsel for the Petitioner, at the outset, contended that Section 118(1) of B.N.S., 2023 is non-bailable in nature.
5. Considering such submission, the order dated 16.01.2025 is hereby recalled.
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6. The I.A. is, accordingly, disposed of.
ABLAPL No.488 of 2025
7. Heard learned counsel for both the parties and perused the records.
8. The present application has been filed by the Petitioner seeking pre-arrest bail in connection with Banarpal P.S. Case No.440 of 2024, corresponding to G.R. Case No.989 of 2024, pending in the court of learned J.M.F.C., Banarpal, registered for alleged commission of offences punishable under Sections 115(2)/118(1)/126(2)/296/351(2)/3(5) of B.N.S., 2023.
9. Taking into consideration the submissions made by the learned counsel for the Petitioner that the injuries sustained by the injured are simple in nature and that the Petitioner does not have any criminal antecedent, although this Court is 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 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. Violation of any of the condition shall entail cancellation of bail.
10. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra )
Judge Debasis