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2025 DAILYLAW 7722 (ORI)

KANHU SWAIN @ BABUL SWAIN v. STATE OF ODISHA

ABLAPL/110/2025 · 2025-01-07

Aditya Kumar Mohapatra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.110 of 2025 Kanhu Swain @ Babul Swain ..... Petitioner Represented By Adv. - Rabindra Nath Panda -versus- State Of Odisha ..... Opposite PartY Represented By Adv. – Ms. S. Mohanty, 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 Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 482 of the BNS, filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 126 (2), 115 (2), 296 (a),109, 351 (3) of BNS in G.R. Case No.390 of 2024 of the Court of learned JMFC, Baramba, arising out of Maniabandha P.S. Case No.135 of 2024. 4. It is stated by learned counsel for the Petitioner that the Petitioner is falsely implicated in the case. He further contended that the injured has not sustained any grievous injury nor the Petitioner has any criminal record. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of absconding. Page 2 of 3. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on the ground that the investigation is still on, therefore, the release of the Petitioner would cause an adverse impact on the on-going investigation. 6. Considering the submissions made by learned counsels appearing for the parties and on a careful examination of the materials on record, and gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in similar type of offences while on bail; II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation; and III. shall not default in attendance of the court during trial on each date of posting. Violation of any of the terms and conditions shall entail cancellation of the bail. 7. It is further directed that the bail granted to the petitioner is subject to verification of criminal antecedent and injury report. In the event, the Petitioner is having any criminal antecedent and the injured has sustained any grievous injury, then this order stands automatically revoked. Page 3 of 3. 8. The ABLAPL is disposed of accordingly. 9. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Gitanjali