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2025 DAILYLAW 7575 (ORI)

SHISHIRA KANTA JENA @ SISIRA KANTA JENA v. STATE OF ODISHA

ABLAPL/191/2025 · 2025-01-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.191 of 2025 Shishira Kanta Jena @ Sisira Kanta Jena ..... Petitioner Represented By Adv. - Lambodor Achari -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Patra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Gangapur P.S. Case No.674 of 2024, corresponding to G.R. Case No.1961 of 2024, pending in the court of learned S.D.J.M., Bhanjanagar, for alleged commission of offences punishable under Section 52(a) of the Odisha Excise (Amendment) Act, 2016 read with Section 115(2), 132, 296 & 351(2) of BNS. 4. Considering the nature of allegation, gravity of offence and the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the Page 2 of 3. 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, but subject to verification of criminal antecedent of the Petitioner. In the event, the Petitioner is having more than three similar criminal antecedents, then this order stands automatically revoked. 5. The release of the Petitioner shall also be subject to following conditions:- i) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation; ii) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; iii) shall not indulge in any similar criminal offences while on bail; Violation of any of the terms and conditions shall entail cancellation of bail. 6. It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.5,000/- (Rupees Five Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time Page 3 of 3. to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge S.K. Rout