Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.428 of 2025
Ramakanta Mallik ..... Petitioner
Represented By Adv. - Dibyajyoti Sahoo -versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. – A.Sethy, A.S.C.
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 Counsel for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 132/ 115(2)/ 296/ 61(2)/ 303(2)/ 317(2)/ 3(5)/ 351(3) of B.N.S. in C.T. Case No.1758 of 2024 of the Court of learned J.M.F.C., Soro arising out of Soro P.S. Case No.1080 of 2024.
4. It is stated by learned counsel for the Petitioner that the present Petitioner is the owner of the vehicle. He further contended that although the Petitioner has been implicated in the present case, he
Page 2 of 3. had no role in the alleged crime. He further submitted that although the Petitioner is having two criminal antecedents, however, he does not have any similar criminal antecedent.
5. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in any criminal type of offences while on bail; II. shall cooperate with the investigation and appear before the Investigating Officer as and when his presence is required by the I.O. for the purpose of investigation; and III. shall not default in attending before the court during trial on each date of posting, if not prevented by sufficient cause.
Violation of any of the terms and conditions shall entail cancellation of the bail.
6. It is further directed that the bail granted to the petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this
order stands automatically revoked.
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7. The ABLAPL is disposed of accordingly.
8. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge Anil