Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.366 of 2025 Deepak Suna ..... Petitioner
Represented By Adv. - Suresh Kumar Jena -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 No.
ORDER 13.01.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical 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 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Bijepur P.S. Case No.198/2024 corresponding to G.R. Case No.585/2024, pending in the court of learned J.M.F.C., Bijepur, for alleged commission of offences punishable under Sections 394 of the I.P.C read with Section 25/27 of the Arms Act.
4. It is stated by the learned counsel for the petitioner that initially the F.I.R. was lodged against unknown accused persons. He further contended that in course of the investigation some of the co- accused persons were arrested. He further contended that on the
Page 2 of 3. basis of such statement of the co-accused person, the petitioner has been implicated in the present case. He further contended that the petitioner is in no way involved in the present crime and that he has been falsely implicated. He further submitted that the petitioner does not have any criminal antecedent and that he belongs to the locality therefore there is no chance of absconding.
5.
Learned counsel for the State on the other hand objected to the release of the petitioner on bail on the ground that the allegations made in the F.I.R. are grave and serious in nature. He further contended that the investigation is going on therefore, the release of the petitioner at this juncture would cause delay in conclusion of the investigation.
6. Considering the nature of allegation, gravity of offence and the surrounding facts 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.
7. 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 not indulge in similar criminal offences while on bail.
Page 3 of 3. III) shall not harass, threaten or terrorise the informant and any prosecution witnesses. IV) shall appear before the learned trial court on each and every date fixed unless prevented by any sufficient cause. Violation of any of the terms and conditions shall entail cancellation of bail.
8. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge
Rubi