Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.295 of 2025 Chinku Samal ..... Petitioner Represented By Adv. – Mr. Jyotirmaya Sahoo -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Mohanty, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of BNSS by the Petitioner seeking pre-arrest bail in connection with Bada Bazar P.S. Case No.435 of 2024, corresponding to G.R. Case No.2799 of 2024, pending in the court of learned S.D.J.M., Berhampur, for alleged commission of offences punishable under Sections 310(2)/311/118(1)/119(1)/126(2) of B.N.S. 2023 read with Sections 25/27 of the Arms Act, 1959. 4. It is stated by the learned counsel for the Petitioner that the Petitioner is aged about 21 years. He further contended that the Page 2 of 3. Petitioner has been falsely implicated in the present case. He further submitted that as per the F.I.R. allegation, the present Petitioner had assaulted the Informant by means of sword. However, learned counsel for the Petitioner emphatically submitted that the injured has not sustained any injury. He further contended that the Petitioner does not have any criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. 5. Learned counsel for the State, on the other hand, opposed the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further contended that since the investigation is still on, the Petitioner should not be enlarged on pre-arrest bail otherwise the same would cause adverse impact on the investigation. 6. Taking into consideration the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record, further keeping in view the fact that the Petitioner does not have any criminal antecedent as well as taking note of the age of the Petitioner, 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, but subject to verification of criminal Page 3 of 3. antecedent of the Petitioner as well as injury report. In the event it is found by the court below that the Petitioner is having any criminal antecedent or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal activities while on bail; he shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause; and he shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of four months. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis