Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.315 of 2025 Sk Rajit @ Sk Raji ..... Petitioner
Represented By Adv. - Prakash Chandra Dash -versus- State Of Odisha ..... Opposite Parties
Represented By Adv. – U.C.Jena, A.S.C.
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 as well as learned Additional Standing Counsel for the State. Perused the records. 3. This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 305, 331(3) of B.N.S. in G.R. Case No.1372 of 2024 of the Court of learned S.D.J.M., Kendrapara arising out of Kendrapara Sadar P.S. Case No.391 of 2024. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner was initially not named in the F.I.R. He further contended that the Petitioner has been implicated in the present case on the basis of co-accused statement. Learned counsel for the Petitioner further contended that although the Petitioner is having
Page 2 of 3. three criminal antecedents, however he will abide by the terms and conditions that may be imposed in the event of his release on bail. He further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. 5. Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground that the investigation is on. He further contended that the Petitioner is having criminal antecedents. He also contended that in the event of his release on bail, he might indulge in criminal antecedent. 6. Considering the seriousness of the allegation, gravity of the offence and the fact 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 in the facts and circumstances of the case. 7.
7. Release of the Petitioner on bail shall be subject to furnishing a cash security of Rs.4,000/- (Rupees Four thousand) before the learned court in seisin over the matter, and shall be kept in any Nationalised 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. 8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of his criminal antecedent. In the event,
Page 3 of 3. the Petitioner is having more than three criminal antecedents, then this order shall stand automatically revoked. 9. The ABLAPL is disposed of accordingly. 10. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra )
Judge
Anil