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2025 DAILYLAW 9182 (ORI)

JABID KADIR v. STATE OF ODISHA

ABLAPL/373/2025 · 2025-01-15

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.373 of 2025 Jabid Kadir ..... Petitioner Represented By Adv. - Usharani Pati -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 15.01.2025 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 Gopalpur P.S. Case No.231 of 2024, corresponding to C.T. Case No.909 of 2024, pending in the court of learned J.M.F.C.(R), Balasore, for alleged commission of offences punishable under Sections 310(4), 310(5) of BNS. 4. It is stated by learned counsel for the Petitioner that although the Petitioner has been named in the FIR, however, he was not present at the spot of occurrence. He further submitted that as per the FIR allegation, three persons were arrested from the spot and on the basis of such co-accused statement, the Petitioner has been Page 2 of 2. falsely implicated in the present case. Learned counsel for the Petitioner further contended that the Petitioner does not have any criminal antecedent and that since the Petitioner belongs to the locality, therefore, there is no chance of his absconding. 5. 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. In the event, the Petitioner is having any criminal antecedent, then this order stands automatically revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge RKS