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2025 DAILYLAW 7987 (ORI)

GORA @ AMZAD @ AMJAD KHAN v. STATE OF ODISHA

ABLAPL/127/2025 · 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.127 of 2025 1) Gora @ Amzad @ Amjad Khan ..... Petitioners 2) Minju@ezabul@ajabul Khan Represented By Adv. - Susanta Kumar Baral -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R.Patra, A.S.C. 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 Petitioners 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 Petitioners seeking pre-arrest bail in connection with Tigiria P.S. Case No.299 of 2024, corresponding to C.T. Case No.292 of 2024, pending in the court of learned J.M.F.C., Tigiria, for alleged commission of offences punishable under Sections 126(2), 121(1), 121(2), 324(5), 132, 109(1), 3(5) of BNS read with Section 3 of PDPP Act. 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 Petitioners. However, it is directed that in the Page 2 of 3. event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them 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 Petitioners as well as injury report of the injured. In the event, the Petitioners are having any criminal antecedent and the injuries sustained by the injured are grievous in nature, then this order stands automatically revoked. 5. The release of the Petitioners 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 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 Petitioners are subject to depositing of a cash security of Rs.3,000/- (Rupees Three Thousand) each 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 to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. Page 3 of 3. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge Rubi