Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.379 of 2025 Naresh Harijan ..... Petitioner
Represented By Adv. - Arijeet Mishra -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 Jeypore Sadar P.S. Case No.358 of 2024, corresponding to G.R. Case No.1320 of 2024, pending in the court of learned S.D.J.M., Jeypore, for alleged commission of offences punishable under Sections 316(3), 316(4) of BNS. 4. It is stated by learned counsel for the Petitioner that the Petitioner was not named in the FIR initially. He further contended that the Petitioner has been implicated in the present crime subsequently on the basis of the co-accused statement. Learned counsel for the Petitioner further contended that the Petitioner does
Page 2 of 3. 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. 6. The release of the Petitioner 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 appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; iii) shall not indulge in any similar criminal offence while on bail;
Violation of any of the terms and conditions shall entail cancellation of bail. 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
RKS