Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.396 of 2025 Manoj Samal @ Babu ..... Petitioner Represented By Adv. – Mr. Bijay Kumar Behera -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, 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 as well as learned Additional Standing Counsel appearing for the State-Opposite Party. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending in the court of learned J.M.F.C.-V, Bhubaneswar, for alleged commission of offences punishable under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of the B.N.S., 2023 read with Section 27 of the Arms Act, 1959. 4. It is stated by the learned counsel for the Petitioner that the present Petitioner is no way involved in the present crime. Page 2 of 3. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the allegation of assault is against accused Mantu and Arjun. He further contended that after the above named accused persons assaulted the victim, the present Petitioner came to the spot and threatened the Informant and her family members. Therefore, it can be said that at best a case under Section 351 of B.N.S. is made out against the present Petitioner, which is bailable in nature. He further contended that the Petitioner does not have any criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. 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 submitted that investigation is going on. He further submitted 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 counsel appearing for the respective parties and on a careful examination of the materials on record, 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 move 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 Page 3 of 3. deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner as well as injury report. In the event it is found by the court below that the Petitioner is having any criminal antecedent or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; and he shall not harass/threaten/terrorize the Informant and her family members in any manner whatsoever while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis