Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.403 of 2025 Nabin Naik @ Nabina Nayak ..... Petitioner Represented By Adv. – Mr. Jyotirmaya Sahoo -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. U.C. 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 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 Golanthara P.S. Case No.180 of 2010, corresponding to G.R. Case No.1180 of 2010, pending in the court of learned J.M.F.C.(R), Berhampur, registered for alleged commission of offences punishable under Section 341/326/307/427/34 of the I.P.C. 4. It is stated by the learned counsel for the Petitioner that the present bail application arises out of a case which was regisrted Page 2 of 3. in the year 2010. He further contended that initially the Petitioner was not named in the F.I.R. Learned counsel for the Petitioner further submitted that since the police is chasing the Petitioner, the Petitioner apprehends his arrest at the hand of the local police. He further contended that although the Petitioner is having one criminal antecedent, however he is ready and willing to abide by any terms and conditions imposed by this Court in the event he is released on bail. 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 in the event the Petitioner is released on pre-arrest bail, there is every likelihood that he might abscond from justice which would cause delay in conclusion of 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 gravity and seriousness of the allegation as well as the fact that the case is of the year 2010, 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 antecedent of the Petitioner. In the event it is found by the court Page 3 of 3. below that the Petitioner is having more than one similar criminal antecedent, then this order shall automatically stand revoked. 7. Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.2,000/- (Rupees two thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank initially for a period of one year which shall be renewed from time to time till conclusion of the case. The said deposit shall be subject to the final outcome of the trial. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis