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2025 DAILYLAW 7619 (ORI)

JUGAL HANS @ JUBALAL HANS v. STATE OF ODISHA

ABLAPL/104/2025 · 2025-01-07

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.104 of 2025 Jugal Hans @ Jubalal Hans ..... Petitioner Represented By Adv. - Suryakanta Dwibedi -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. A. Sethi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.01.2025 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 Belpada P.S. Case No.339 of 2024, corresponding to G.R. Case No.1452 of 2024, pending in the court of learned S.D.J.M., Patnagarh, for alleged commission of offences punishable under Sections 109/ 115(2)/118(1)/296/3 51 (3) of BNS. 4. It is stated by learned counsel for the Petitioner that there is a long standing civil dispute between the parties. He further contended that the Petitioner does not have any criminal antecedent and since that the Petitioner belongs to the locality, there is no chance of his absconding. 5. Learned counsel for the State on the other hand objected to Page 2 of 3. the release of the Petitioner on pre-arrest bail on the ground that the allegations are grave and serious in nature and the injuries sustained by the injured are grievous in nature and the investigation is still on. In the event the Petitioner is released on pre-arrest bail, he might abscond which would cause delay in conclusion of the investigation as well as filing of the charge-sheet. 6. 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 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 and injury report of the injured. In the event, the Petitioner is having any criminal antecedent and the injuries sustained by the injured are found grievous in nature, then this order stands automatically revoked. 7. 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; Page 3 of 3. iii) shall not indulge in any similar criminal offences while on bail; iv) shall not harass, threaten or terrorize the Informant and his family members in any manner whatsoever; Violation of any of the terms and conditions shall entail cancellation of bail. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge Gitanjali